SHANTARAM HEGDEKATTE Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) In this petition filed under Article 226 of the Constitution of India r/w Sec. 482 of the Code of Criminal Procedure, petitioners who are arraigned as accused Nos.1, 8 and 21 have sought quashing of FIR in Cr.No.149/2019 and also for a direction to the respondent Nos.1 and 2 not to register any criminal cases against them for any posts or comments being made by them in Social Media Platforms, such as Facebook, Instagram, Twitter, WhatsApp, etc, against the misdeeds and criminal act that are going on in the 5th respondent Math or any of its branches, etc.

(2.) In support of the petition, the petitioners have contended that the registering of Cr.No.149/2019 dtd. 25/9/2019 by respondent No.4 based on the complaint filed by respondent No.6 is illegal, arbitrary and violative of Articles 14 and 21 of the Constitution of India. The said complaint is filed to harass and intimidate the petitioners and others against their silence, protest and campaign against the Swamiji of the serious allegations made against him. It is violative of Article 19 (1)(a) of the Constitution of India and their liberty is also threaten as they are being summoned to the police station. Petitioner Nos.2 and 3 have filed PIL before this Hon'ble Court against the Math and Swamiji and certain directions were issued to the Government and Chief Secretary. The said matter is pending before the Court. For this reason, the petitioners are being targeted.

(3.) In support of the petition, learned counsel representing petitioners has relied upon the following decisions: