The Karnataka High Court has observed that Magistrate cannot direct investigation under Section-156(3) CrPC in defamation complaint filed under Section- 499
and 500 IPC.
The single-judge bench of Justice M. Nagaprasanna in this view set aside the impugned Magistrate order challenged by petitioner in a private complaint registered for offences punishable under Sections 211, 500 and 499 of the IPC.
Facts of the Case:
The petitioners registered a complaint against the complainant alleging that the complainant outraged the modesty of one of the petitioners in the apartment premises. A similar complaint was lodged by the petitioners before the President of the Residents Welfare Association, a registered body which had about 1255 members or apartments as members.
The complainant was summoned by the office bearers of the Association and in front of office bearers and other members of the Association the allegations made in the complaint so filed before the President was read out, resulting in reputational loss to the complainant. Later the CCTV footage was noticed and the complainant was held to be innocent.
The complainant then registered a private complaint invoking Section 200 of the CrPC. The learned Magistrate directed investigation under Section 156(3) of the CrPC to be conducted by the jurisdictional Police and a report to be submitted. The Police, after investigation, filed a charge sheet in the matter for offences punishable under Sections 211, 499, 500 r/w Section 34 of the IPC. It is at that juncture; the petitioners approached the Court in the subject petition.
Legal Question:
Whether the Magistrate, in a complaint registered for offences punishable under Sections 211, 499 and 500 of the IPC, direct investigation to be conducted by the jurisdictional Police under Section 156(3) of the CrPC?
High Court's Observation:
The court relied on the case of Subramanian Swamy v. Union of India which ruled that where the complaint made by the complainant before the learned Magistrate involves offence punishable under Section 500 (Punishment for Defamation) of the IPC, the learned Magistrate cannot exercise powers under Section 156(3) of the CrPC, so as to direct Police to register a crime and then investigate into the offence, in view of the specific bar contained in Section 199 of the CrPC. This would become applicable even in cases where offences are alleged of other provisions of law along with Section 500 of the IPC. The rationale behind the same is that the offence has its own gravity and hence, the responsibility of the Magistrate is more.
The impugned proceedings pending on the file of VV Additional Chief Metropolitan Magistrate, Bangalore from the stage of direction of the learned Magistrate directing investigations under Section 156(3) CrPC was quashed. The learned Magistrate was directed to take up further proceedings in the case from the stage of registration of the complaint and all appropriate action thereon, in accordance with law
Case Title: DIVYA & ANR v. STATE OF KARNATAKA and Anr
Case Details: CRIMINAL PETITION No.675 OF 2020\
Coram: Justice M. Nagaprasanna
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