Court dismisses petitions seeking quashing of FIR, citing ongoing investigation and prima facie evidence of cognizable offences.
In a significant decision, the Telangana High Court has dismissed petitions filed by Seeloju Shiva Kumar and Madupathi Vedhanth Swamy, seeking to quash the proceedings in an FIR registered against them under Section 108 read with 3(5) of the Bharatiya Nyaya Sanhita, 2023. The case involves serious allegations of defamation and character assassination leading to the suicide of a young woman.
Justice J. Sreenivas Rao, presiding over the case, emphasized that quashing of proceedings under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 is not permissible when the allegations in the complaint, suicide note, and witness statements prima facie disclose cognizable offences. The court noted that the investigation is still ongoing and that the allegations, if taken at face value, do reveal a cognizable offence.
The case stems from an incident where the deceased, after a strained relationship with accused No.1 who allegedly injected her with HIV-positive blood, faced severe mental distress due to defamatory statements made against her in an interview conducted by Vedhan Media TV. The interview, which involved accused No.6 and accused No.7, was uploaded on YouTube, leading to widespread social media circulation. The victim left a five-page suicide note and a video, holding several individuals responsible for her death.
The petitioners argued that they were falsely implicated and that the allegations did not constitute an offence under Section 108 of the Bharatiya Nyaya Sanhita, 2023. However, the court found that there were specific allegations against them which needed thorough investigation.
Citing precedents from the Supreme Court, particularly the principles laid down in the Bhajan Lal and Neeharika Infrastructure cases, the court reiterated that the power to quash criminal proceedings should be exercised sparingly and only in exceptional circumstances. The High Court emphasized that the police have a statutory duty to investigate and that the FIR should not be quashed unless it fails to disclose any offence or is manifestly mala fide.
The decision underscores the judiciary's cautious approach in interfering with ongoing investigations, especially in cases involving serious allegations with significant public interest.
Bottom line:-
Quashing of proceedings under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 is not permissible when allegations in the complaint, suicide note, and witness statements prima facie disclose cognizable offences under Section 108 read with 3(5) of the Bharatiya Nyaya Sanhita, 2023.
Statutory provision(s): Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, Section 108 read with 3(5) of the Bharatiya Nyaya Sanhita, 2023.
Seeloju Shiva Kumar v. State of Telangana, (Telangana) : Law Finder Doc id # 2921187
