STATE OF KARNATAKA Vs. AVINASH R. KASHYAP

JUDGEMENT

(1.) Aggrieved by the order dated 22.01.2016 passed by the VII Additional District and Sessions Judge, Bangalore Rural District, Bangalore in Crl.R.P.No.9/2015 reversing the order of the Chief Judicial Magistrate, Bangalore Rural District, Bangalore dated 04.02.2015 in C.C.No.4456/2014 and discharging the accused/respondent from the charge for the offence punishable under Section 469 of IPC, the above revision petition is preferred by the prosecution.

(2.) One Barun Mitra, Joint Secretary to the President of India filed complaint dated 26.02.2009 to Shri.S.B.S. Tyagi, Deputy Commissioner of Police (Security), Rashtrapati Bhavan, New Delhi alleging that somebody has mischievously created false profile of her Excellency Smt.Prathiba Devi Singh Patil the Hon ble President on the website wwworkut.com. It was alleged that the contents of the said profile were objectionable, incorrect, defamatory and casting imputation concerning the Hon ble President of India, directly or indirectly lowering dignity of the President in the estimation of the others. Therefore, he requested to investigate into the matter and take action. On that basis, a FIR was registered in Crime No.134/2009 of Economic Offences Wing police station, New Delhi for the offence under Section 469 of IPC.

(3.) After investigation, the respondent herein was charge sheeted for the offence punishable under Section 469 of IPC. Thereafter, the accused filed transfer petition before the Supreme Court and consequently, the said case was transferred to the Court of Chief Judicial Magistrate, Bangalore Rural District, Bangalore.