A. ALAM PASHA Vs. ADDL CHIEF METROPOLITAN MAGISTRATE

JUDGEMENT

(1.) By this petition, the petitioner has sought to quash the order dated 04.11.2017, passed by the X Addl. Chief Metropolitan Magistrate, Bangalore, dismissing the complaint filed by the petitioner under section 2(d) read with section 156(3) of Cr.P.C.

(2.) The petitioner presented a complaint before the X Addl. Chief Metropolitan Magistrate at Bangalore under section 2(d) read with section 156(3) of Cr.P.C., seeking to refer the same to the jurisdictional Indiranagar Police Station, Bangalore, for investigation under section 156(3) of Cr.P.C. In the complaint, he alleged that, on October 22, 2017, "Sunday Times", an English Newspaper, carried a news item on the 1st and 5th page, pertaining to the boycott of Tipu Jayanthi Celebrations, slated to be held on November 10, 2017 at Bangalore, by the State BJP leaders. The said news item contained details about Union Minister and Karwar MP Sri.Anant Kumar Hegde (accused No.1) writing to the Government Chief Secretary, asking him to drop his name from the official invitees to the function, saying he was boycotting it. It was reported as under:

(3.) On receiving the complaint, learned X Addl. Chief Metropolitan Magistrate, Bangalore, passed the impugned order rejecting the complaint on the ground that, in view of the provisions under section 196(1) and (1-A) of Cr.P.C., there is a bar for taking cognizance of the offences punishable under sections 153-A, 295-A, 153-B and 505(2) of IPC without previous sanction from the Government.