Allowed

Sri K N Shantha Kumar v. K R Nagar Bar Association

Karnataka HC14 Sept 2022CRL.P/1217/2019

Case brief

AI extract

What is this about?

The High Court of Karnataka quashed criminal proceedings against newspapers and publisher for alleged defamation of K.R. Nagar Bar Association, holding that an association cannot maintain proceedings under Section 499 IPC as defamation requires a specific individual target.

What did the court decide?

Proceedings in C.C. No. 287/2016 and orders passed therein against petitioners were quashed.

Sri K N Shantha Kumar Vs K R Nagar Bar Association — Writ and Judicial Review | Karnataka HC (2022)

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1 - CRL.P No. 1217 of 2019

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 14^TH DAY OF SEPTEMBER, 2022

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BEFORE

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THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ CRIMINAL PETITION NO. 1217 OF 2019

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BETWEEN:

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SRI K N SHANTHA KUMAR S/O LATE SRI. K.A. NETTAKALAPPA AGED ABOUT 58 YEARS EDITOR, MYSORE EDITION PRAJAVANI DAILY NEWSPAPER, NO.363, SRIHARI COMPLEX, SITHA VILAS ROAD, CHAMARAJAMOHALLA MYSURU - 570 024.

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SRI. B.A. RAVI S/O ANANTHA PADMANABHA B.C., AGED ABOUT 51 YEARS, PUBLISHER OF BEHALF OF (PRINTERS MYSORE PRIVATE LTD) PRAJAVANI DAILY NEWSPAPER PLOT No.103 AND 104 YADAVAGIRI INDUSTRIAL AREA MYSURU - 570 020.

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…PETITIONERS

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Digitally signed by POORNIMA SHIVANNA Location: HIGH COURT OF KARNATAKA

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(BY SRI SUMANA NAGANAND, ADVOCATE)

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AND:

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K R NAGAR BAR ASSOCIATION REPRESENTED BY ITS PRESIDENT AND SECRETARY. K.R. NAGAR TOWN, MYSORE DISTRICT - 571 060.

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…RESPONDENT

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(RESPONDENT SERVED AND UNREPRESENTED)

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CRL.P No. 1217 of 2019

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THIS CRL.P IS FILED U/S.482 CR.P.C PRAYING TO SET ASIDE THE ORDER DATED 23.07.2012 AS PER ANNEXURE-B PASSED THEREIN IN C.C.NO.287/2016 (EARLIER NUMBERED AS C.C.NO.573/2012) PENDING ON THE FILE OF CIVIL JUDGE AND J.M.F.C., K.R.NAGAR TAKING COGNIZANCE OF THE OFFENCE P/U/S 500 OF IPC. ii. QUASH THE SAID PROCEEDINGS AGAINST THE PETITIONERS IN C.C.NO.287/2016 (EARLIER NUMBERED AS C.C.NO.573/2012) PENDING ON THE FILE OF CIVIL JUDGE AND J.M.F.C., K.R.NAGAR.

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THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, THE COURT MADE THE FOLLOWING:

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ORDER

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Petitioner is before this Court seeking for the following

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reliefs:

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i. That this Hom'ble Court may be pleased to call for the records in C.C. No. 287/2016 (earlier numbered as C.C. No. 573/2012) pending in the Court of Civil Judge and JMFC, at K.R. Nagar;

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ii. To set aside the order dated 23.07.2012 as per Annexure - B passed therein in C.C. No. 287/206 (earlier numbered as C.C. No. 573/2012) pending in the Court of Civil Judge and JMFC, at K.R. Nagar taking cognizance of the Offence under Section 500 of Indian Penal Code, 1860, and

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iii. To quash the said proceedings against the Petitioners in C.C. No. 287/2016 (earlier numbered as C.C. No. 573/2012) pending in the Court of Civil Judge and JMFC, at K.R. Nagar in the interest of justice and equity.

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Similar proceedings have been considered by this Court in Crl.P. No. 100205/2019 and other connected matters and by order dated 24.04.2019, this Court has quashed

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CRL.P No. 1217 of 2019

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the similar criminal proceedings which had been initiated under Sections 499 and 500 of the IPC alleging defamation to the Bar Association. This Court has come to a conclusion that there cannot be a defamation in respect of a body of persons unless there is a specific allegation made against a specific person. An Association cannot maintain proceedings under Section 499 of the IPC. The very same reasoning in the said matters would apply to the present matter. As such, I pass the following;

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O R D E R

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i. Petition is allowed.

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ii. Proceedings in C.C. No. 287/2016 (earlier C.C. No. 573/2012) pending on the file of Civil Judge and JMFC, K.R. Nagar and the orders passed thereof are hereby quashed.

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Sd/JUDGE

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LRS

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List No.: 1 Sl No.: 39

Sri K N Shantha Kumar v. K R Nagar Bar Association

Case brief

What is this about?

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Sri K N Shantha Kumar v. K R Nagar Bar Association

Case brief

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