Allegations against Petitioners Found Lacking Essential Ingredients; Court Cites Abuse of Legal Process
In a significant ruling, the Telangana High Court, presided over by Justice Smt K. Sujana, has quashed the proceedings initiated against Konatham Dhilip Kumar and others in connection with the SSC Telugu Board exam paper leakage case. The court found that the allegations under Sections 353(1)(c) and 353(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023, did not disclose the essential ingredients required to constitute the offenses.
The case stemmed from a complaint by a Congress party leader alleging that false news linking him to the paper leak was circulated on social media, damaging his reputation and political career. The petitioners were accused of forwarding this fake news on social media platforms, which allegedly intended to promote enmity between communities.
The petitioners' advocate, T.V. Ramana Rao, argued that his clients were innocent and had been falsely implicated due to political rivalry. He contended that the allegations lacked the mens rea necessary for the offenses charged and that the registration of multiple FIRs for the same incident was impermissible.
In its decision, the court referenced a prior ruling, stating that multiple FIRs based on identical allegations arising from the same incident amounted to an abuse of the process of law, citing the Supreme Court's judgment in T.T. Antony v. State of Kerala. The court noted that the essential elements of the alleged offenses were not present, as there was no intent to incite enmity between communities or cause public alarm.
Consequently, the court quashed the FIR against the petitioners, noting that the continuation of proceedings would constitute an abuse of legal process. This ruling aligns with an earlier decision by the court in a related matter, reinforcing the principle against the duplication of legal actions for the same event.
Bottom Line:
Allegations in FIR under Sections 353(1)(c) and 353(2) of BNS do not disclose essential ingredients of the offenses. Registration of multiple FIRs for the same incident amounts to abuse of process of law.
Statutory provision(s): Bharatiya Nagarik Suraksha Sanhita, 2023 Sections 353(1)(c), 353(2), Criminal Procedure Code, 1973 Section 482
