MALLANAGOWDA BIRADHAR Vs. STATE

JUDGEMENT

(1.) This petition is filed for quashing of proceedings pending in C.C. No. 22519/2016 on the file of VIII Additional Chief Metropolitan Magistrate, Bengaluru for the offence punishable under Sections 500, 504, 505 and 506 of Indian Penal Code, 1860.

(2.) Respondent 2, who was working as a Media Advisor to the then Chief Minister of Karnataka had written a article about Swami Vivekananda in Prajavani Newspaper about three years back and for said article a Facebook group called Nilume along with other accused persons had posted their comments on 13-1-2015 around 4.00 p.m. stating:

(3.) Hence, a complaint came to be lodged by respondent 2 before first respondent alleging persons who have commented on the facebook are guilty of annoyance, inconvenience, danger, obstruction, insults, injury, criminal intimidates, enmity, ill-will and by persistently making use of computer resource or communication device such comments have been posted. Said complaint came to be registered against petitioner (accused 5) and five (5) others for the offence punishable under Section 66-A of the Information Technology Act, 2000 (for short 'the IT Act') and under Sections 505, 500, 506 and 504 of IPC. On completion of investigation, charge-sheet came to be filed against them in C.C. No. 22519/2016, which proceedings are pending on the file of VIII Additional Chief Metropolitan Magistrate, Bengaluru. Hence, petitioner is before this Court.