Case Note & Summary
The petitioner, a journalist, published two news articles in Dainik Pudhari on 8 October 2017 and 22 May 2018 regarding incidents involving police personnel attached to the Crime Branch and the Office of Deputy Commissioner of Police, Solapur. The first article reported a raid on Sawan Hotel where a drunk police officer was videographed and circulated on social media, leading to a tussle between the two offices. The second article stated that Crime Branch staff were not following instructions of senior officers but were loyal to the Deputy Commissioner of Police. Based on these articles, the Deputy Commissioner of Police (Crime), Smt. Pournima Chaugule Shringi, lodged a complaint at Sadar Bazar Police Station on 1 June 2018, resulting in registration of an FIR under Sections 505(2), 500, 501, and 502 IPC against the petitioner as the reporter. The petitioner approached the Bombay High Court in writ jurisdiction seeking quashing of the FIR. The court examined two issues: whether the publication attracts Section 505(2) IPC, and whether a police case for defamation under Section 500 IPC is maintainable when the alleged defamation is against a public servant. The court held that Section 505(2) IPC requires an intent to cause fear or alarm to the public or to induce the commission of an offense against the State or public tranquility, and the news articles merely reported internal police matters without such intent. Regarding defamation, the court noted that under Section 199 CrPC, a complaint for defamation of a public servant must be made by the public prosecutor, and since the complaint was lodged by the Deputy Commissioner of Police herself, the police case was not maintainable. Consequently, the court quashed the FIR and all proceedings arising therefrom.
Headnote
A) Criminal Law - Section 505(2) IPC - Intent to Cause Fear or Alarm - Publication of news about internal police disharmony does not attract Section 505(2) IPC as there is no intent to cause fear or alarm to the public or to induce commission of an offense against the State or public tranquility - Held that the news articles merely reported internal matters and did not have the requisite mens rea (Paras 1, 5-7). B) Criminal Law - Section 500 IPC - Defamation of Public Servant - Maintainability of Police Case - A police case for defamation of a public servant is not maintainable without a complaint by the public prosecutor under Section 199 CrPC - Held that the FIR under Section 500 IPC is liable to be quashed as the complaint was lodged by the Deputy Commissioner of Police herself and not by the public prosecutor (Paras 1, 8-10).
Issue of Consideration
Whether publication of news suggesting disharmony amongst police staff attracts Section 505(2) IPC and whether police case is maintainable for offense under Section 500 IPC alleged against a public servant.
Final Decision
The court quashed the FIR and all proceedings arising therefrom.
Law Points
- Section 505(2) IPC requires intent to cause fear or alarm to public or induce commission of offense against State or public tranquility
- mere publication of news about internal police disharmony does not attract it
- Defamation of public servant under Section 500 IPC requires complaint by public prosecutor under Section 199 CrPC
- police case not maintainable without such complaint
