Case Note & Summary
The applicant, Rajabhau @ Rajendra Digambar Mane, filed a criminal application under Section 482 of the Code of Criminal Procedure, 1973 before the Bombay High Court (Bench at Aurangabad) seeking quashing of Charge Sheet No. 74 of 2020 in Crime No. 02 of 2020 registered at Tuljapur Police Station, District Osmanabad. The FIR was lodged by Respondent No. 4, Harshwardhan Govind Gawali, a Police Inspector, alleging offences under Section 3 of the Police (Incitement to Disaffection) Act, 1922 and Section 500 of the Indian Penal Code. The FIR claimed that the applicant published a news article in 'Khadtar Pravas' newspaper accusing the complainant of being hand in glove with thieves, receiving 50% share in stolen property, and extracting money from disputing parties. The complainant contended that these allegations were false and aimed at inciting disaffection among police personnel and defaming him. After investigation, a charge sheet was filed. The applicant argued that the news article did not name the complainant and was about his personal conduct, not his official duties, and thus did not attract the offences. The court examined the ingredients of Section 3 of the Police (Incitement to Disaffection) Act, 1922, which requires intentional causing of disaffection among members of a police force. The court found that the article alleged personal corruption and misconduct, not disaffection against the police force. Regarding Section 500 IPC, the court noted that while the complainant was identifiable, the imputations were about personal conduct and there was no evidence of publication with intent to harm reputation. The court held that the charge sheet did not disclose prima facie ingredients of the offences and quashed the same, along with any prosecution arising from the FIR.
Headnote
A) Criminal Procedure - Quashing of Charge Sheet - Section 482 CrPC - The court examined whether the charge sheet disclosed ingredients of offences under Section 3 of the Police (Incitement to Disaffection) Act, 1922 and Section 500 IPC - Held that the news article did not incite disaffection among police or defame the complainant as a police officer, as it targeted his personal conduct and not his official capacity (Paras 5-10). B) Police (Incitement to Disaffection) Act, 1922 - Ingredients of Offence - Section 3 - The offence requires intentional causing of disaffection among members of a police force - The court found that the news article alleged personal corruption and misconduct, not disaffection against the police force - Held that the essential ingredient of 'disaffection' was absent (Paras 5-8). C) Indian Penal Code - Defamation - Section 500 IPC - The complainant must be identifiable and the imputation must harm reputation - The court noted that the news article did not name the complainant but referred to a police inspector; however, the complainant was identifiable - But the court held that the imputations were about personal conduct, not official duties, and no evidence of publication with intent to harm reputation was shown - Held that the charge sheet was liable to be quashed (Paras 9-10).
Issue of Consideration
Whether the charge sheet and prosecution under Section 3 of the Police (Incitement to Disaffection) Act, 1922 and Section 500 of the Indian Penal Code should be quashed for lack of prima facie evidence.
Final Decision
The court allowed the application and quashed Charge Sheet No. 74 of 2020 in Crime No. 02 of 2020 and all prosecution arising from the FIR.
Law Points
- Section 482 CrPC
- Section 3 Police (Incitement to Disaffection) Act 1922
- Section 500 IPC
- ingredients of offence
- defamation
- incitement to disaffection
- quashing of criminal proceedings
