The Karnataka High Court quashed a defamation case against the Anchor and Head of News of News-1 Kannada TV Channel stating that the FIR was not registered on the basis of a complaint given by an aggrieved person, but was on the basis of the police report, which is not permissible under Section 199 of the CrPC.

The Court allowed the Petition filed under Section 482 of the CrPC to quash the charge sheet for offences under Sections 290, 505 (1), 34, 499 and 500 of the IPC.

A Single Bench of Justice SR Krishna Kumar held, “In the instant case, the material on record disclose that the FIR is not registered on the basis of any complaint (private complaint) given by any aggrieved person and it is only on the basis of the police report, which is not contemplated or permissible under Section 199 of the Cr.P.C. and consequently, the impugned charge sheet in relation to offences under Sections 499 and 500 of the IPC deserves to be quashed.

Advocate Gaurav N. represented the Petitioners, while Government Pleader Vinay Mahadevaiah appeared for the Respondents.

Brief Facts

The Petitioners sought the quashing of an FIR registered under Sections 290, 505(1), and 34 of the IPC, and the subsequent charge sheet which added Sections 499 and 500 IPC. The complaint was filed by a police sub-inspector.

The Petitioners contended that the FIR and subsequent proceedings were illegal as the alleged offences under Sections 290 and 505(1) IPC were non-cognizable. As per Section 155(2) of the CrPC, police cannot investigate such offences without prior permission from the Magistrate, which was not obtained.

The inclusion of Sections 499 and 500 of the IPC in the charge sheet was challenged on the ground that these offences require a private complaint under Section 199 of the CrPC, which was also not filed.

Court’s Reasoning

The Bench stated that Section 199(1) of the Cr.P.C. provides that a person aggrieved is required to file a complaint (private complaint) before the Magistrate to take cognizance for offences punishable under Sections 499 and 500 of the IPC.

Consequently, the Court held, “It is undisputed fact that as borne out from the material on record that the petitioners - accused Nos.2 and 3 are working as News Anchor and Head of News-1 Kannada TV Channel and in the absence of the said entity/company being impleaded as a party or arraigned as an accused either in the FIR or charge sheet, I am of the considered opinion that…the impugned proceedings deserves to be quashed on this ground also.

Accordingly, the High Court allowed the Petition.

Cause Title: Shilpa Kiran & Anr. v. State of Karnataka & Anr. (Neutral Citation: 2025:KHC:2138)

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