Case Note & Summary
The petitioner, Mr. Arnab Goswami, a director of ARG Outlier Media Private Limited and owner of Republic Media Network, filed a writ petition under Articles 226 and 227 of the Constitution of India read with Section 482 of the Code of Criminal Procedure, 1973, seeking quashing of FIR in Crime No. 35/2024 registered at S.J. Park Police Station, Bengaluru, for the offence punishable under Section 505(2) of the Indian Penal Code, 1860. The FIR was based on a complaint dated 27.03.2024 filed by the second respondent, Mr. Ravindra M.V., alleging that the petitioner made offensive remarks during a news broadcast on the channel 'R. Kannada'. The petitioner argued that the remarks did not constitute an offence under Section 505(2) IPC as there was no intent to cause fear or alarm to the public. The State opposed the petition, contending that the remarks were capable of causing public disorder. The court, after hearing both sides, analyzed the ingredients of Section 505(2) IPC and found that the alleged remarks, though offensive, did not have the requisite mens rea to cause fear or alarm to the public or to induce the commission of an offence against the State. The court held that the FIR was an abuse of the process of law and quashed the same along with all proceedings emanating therefrom.
Headnote
A) Criminal Law - Quashing of FIR - Section 505(2) IPC - Essential Ingredients - The court examined whether the alleged remarks made by the petitioner during a news broadcast attracted the offence under Section 505(2) IPC, which requires an intent to cause, or knowledge that the statement is likely to cause, fear or alarm to the public, or to induce the public to commit an offence against the State or public tranquility. The court held that the remarks, though offensive, did not meet the threshold of creating public fear or alarm, and therefore the FIR was liable to be quashed. (Paras 1-10) B) Criminal Procedure - Inherent Powers - Section 482 CrPC - Abuse of Process - The court reiterated that the inherent powers under Section 482 CrPC can be exercised to quash proceedings that are an abuse of the process of court or to secure the ends of justice. Applying this principle, the court found that the continuation of the criminal proceedings against the petitioner would be an abuse of process as the essential ingredients of the offence were absent. (Paras 8-10)
Issue of Consideration
Whether the FIR registered under Section 505(2) of the Indian Penal Code, 1860 against the petitioner for alleged offensive remarks made during a news broadcast should be quashed for lack of essential ingredients of the offence.
Final Decision
The court allowed the writ petition and quashed the FIR in Crime No. 35/2024 along with all proceedings emanating therefrom.
Law Points
- Section 505(2) IPC requires mens rea to cause fear or alarm to the public
- mere offensive remarks not sufficient
- quashing of FIR for abuse of process of law
