The High Court · 2025

Muthyala Sudhakar. S/o Late.Ve.eraih, Aged 61 years. Occ: Retired lnspector of Potice, R/o H.No 1_15_arstzss,__qii{i -rvji.#"cXr"o"1l. Academy, OId Alwal. Secunderabad_boo bl0 '-,-' ""'" Near Bethany Gandipalli Ravinder. S/o Sri G Ramul, AgqO about 60 years, Occ: Retd. Dv. Porice, nto H rvo. i- r--zsd,-"pxr,J,in -i'r;riJ,:,''illi#t: fl,ffi l!:::;%Tbrcf AND ...petitioner/Accusbd No.14 & 15 State of Telangana ai HyOera6aO.

1. The State of Telanoa.na,. Rep by its public prosecutor High Court for the 2. Sri.Goli Bakka Reddv, S/o S-ri. Malla Reddy, Aged 48 years, Occ: Business. L wr;.l,ns;ibtt,.t-"f J"J,, ri" it H jjljilii R/o Na rsa m oet vi I taoe and Vilase, Narsam pet na"anaai, wariiiir'olili Jy'' "'. ...Respondent -Ma;;; ...RespondenUDefacto Complainant Petition under Section,4g2 of Cr.p.C praying that jn the circumstances stated in the Memorandum of Grounds of criminat i"iit,on, the High court mav be pleased to call for the records, relating to tf,e p..iuJte Complaint in C.C.No.7i of 2012 on the fite of Judiciat rirst Criss Mil;i;i; Narsampet, Waranoat District, and euash the same against tt" peiiti"r"i.ia""r.JJ''f.r":;4 ;i:i Accused No.15. t.A. NO: 10F 2020 Petition under Section 4g2 of Cr. p.C praying that in the circumstances stated in the Memorandum of_Grounds or cri,iinli F"iition, *re High court mav be pleased to srAy ALL FURTHER pnociiiililii in c.c No.73 ot 2012 oi the file of Judicial First Class.M^agistrat", f.f rrirrp"i Warangal District against the Petitioners/Accused No.14. a iccuseo r.ro.Ji.-in"rroing appearance of the Petitioners/Accused No. 14 & Accused rrr". r s, p*ii"g'disposar of the criminar Petition. This Petition coming on for hearing, upon perusing tho Memorandum of Grounds of Criminal Petition and upon hearing the argumerrts of Sri Bhaskar Muthyala, Advocate for the Petitioners and the Sri M. Vi! ekananda Reddy, Assistant Public Prosecutor on behalf of the Respondent N o. .l and of Sri A. Prabhakar Rao, Advocate for the Respondent No.2. The Court made the following: ORDER THE HONOURABLE SRI JUSTICE K.SURENDER CRIMINAL PETITION No.2857 0F 2020 ORDE R: This Criminal petition is frled by the petitioners seeking to quash the proceedings in C.C.No.73 of 2OI2, on the file of Judicial First Class Magistrate, Narsampet, Warangal District.

2. Heard learned counsel for the petitioners. and Sri M.Vivekananda Reddy, learned Assistant public Prosecutor for the respondent _ State. perused the record. 3. The petitioners ere questioning the proceedings against them for the offence under Section 5OO of IpC. Petitioners herein are arrayed as A_14 and A_15, who are working as sub-Inspector and Inspector of police respectively, in Narsampet town police Station. 4. The 2nd respondent filed complaint against 26 persons. . According to him, defamatory and derogatory statements were made against him, alleging that he was seen in blue films and the said blue frlms were circulated. On the basis of news reports, which were published by the 7 newspapers from 15.11.2OO9 to 2O.11.2OO9, t is alleged that petitioner No.1, who was working as Sub [nspector of Police, registered a case suo moto under Sectir)n 294-8 of IPC. The publishers of news reports are A-l to A-13. A-16 to A-26 were also arrayed as accused on the r;round that they have undertaken agitations, raastha ro{os in and around the town and also conducted rlharnas in Narasampet town regarding alleged acts of 2"d respondent. The allegations against the 2"a respondent were found to be fa-lse and the crime registered by 1st petitioner/A- 14 was ciosed for 'lack of evidence'.

5. The offence alleged by the defacto com plainant is under Section 5OO of IPC. Defamation is delined under Section 499 of IPC. Section 499 of IPC reads as under:- "499. Defamation.- Whoever, by words either spoken or intendel to be read, or by signs or by visible representations makes or publishes any imputation concerning any person intending to harm, or knowing or having re rson to believe that such imputation will harm, the re1 utation of such person, is said, except in the cases hereinafter expected, to defame that person." e&:&e&- J

6. The role attributed to these petitioners is that while they were working as public servants in Narsampet town Police Station, basing on the news items that were published in newspapers run by A-1 to A-13, suo moto crime was registered under Section 294-B of IPC, against the petitioners.

7. karned counsel appearing for the complainant submits that the said crime was closed as 'mistake of fact' on22.12.2OO9. The registration of FIR is the duty of a police officer, who is a public servant.

8. To attract an offence under Section 499 of IPC, a person must have published aly imputation concerning any person intending to harm, or knowing. or having reason to believe such imputation will harm the reputation of such person.

9. Nowhere, in the complaint, it is alleged that petitioners herein have indulged, in any manner, whatsoever making imputations against 2"d respondent, except registration of FIR, on the basis of information through news items. Section 294 of IPC is a cognizable offence. The registration of FIR can be done suo moto. No \ \ malafrdes can be attached to the act of registt:ring the FIR In the said circumstances, when the petitioners have discharged their ofhcial duty, having came tc know about the offence that occurred it cannot be said that, registration of FIR amounts to defamation

10. Only for the reason of subsequent closure of investigation, on accounl of there being no e rridence, will not entail prosecution under Section 5OO of IpC. Since none of the ingredients of defamation are made, out, insofar as petitioners are concerned, petitioners succ:ed and the proceedings against them are quashed.

11. The Criminal petition is allowed. Since the offence is of the year, 2009 and the complaint was filed in the year, 2OI2, the trial Court shall take steps to expedrte the trial. Miscellaneous applications pending, if any, ,;hall stand closed. //TRUE COPY// Isd/- T. JAYASREE qr-ANT REGTSTRAR ASSI SECTION OFFICER To 1 2 3 4 5 6 The First Class Magistrate, Narsampet, Warang The Statioh House Officer, Narsampet Police Station, Warangal District. Two CCs to the Public Prosecutor, High Court for the ir;tate of Telangana at Hyderabad. [OUT] One CC to Sri Bhaskar Muthyala, Advocate [OPUC] One CC to Sri A. Prabhakar Rao, Advocate [OPUC] Two CD Copies IStric t \k HIGH COURT DATED:2410212025 ORDER CRLP.No.2857 of 2020 ( P. lii: .s?4 o o r.) ,+ 12 ,.ljil 2[6 Aco .(- I I rn t 6 a ALLOWING THE CR!MINAL PETITION o.r{d k"