Case Note & Summary
The Karnataka High Court allowed a criminal petition filed under Section 482 of the CrPC seeking to quash an FIR registered under Section 295A IPC and Section 67 IT Act -- The petitioner was accused of being an administrator in a WhatsApp group where allegedly offensive religious content was circulated -- The Court examined two main issues: whether sanction under Section 196 CrPC was necessary for investigation under Section 295A IPC, and whether the ingredients of Section 295A IPC were prima facie made out -- The Court held that while sanction under Section 196 CrPC is not required at the investigation stage, it is mandatory for taking cognizance of the offence -- However, the Court found that the ingredients of Section 295A IPC were not prima facie established as there was insufficient evidence of deliberate and malicious intention to outrage religious feelings -- The Court also noted investigative lapses including failure to preserve electronic evidence under Section 67C IT Act -- Consequently, the Court quashed the FIR and all subsequent proceedings
Headnote
The Karnataka High Court quashed an FIR registered under Section 295A of the Indian Penal Code, 1860 (IPC) and Section 67 of the Information Technology Act, 2000 (IT Act) -- The Court held that sanction under Section 196 of the Code of Criminal Procedure, 1973 (CrPC) is mandatory for taking cognizance of offences under Section 295A IPC -- The Court found that the ingredients of Section 295A IPC were not prima facie made out in the case -- The petitioner was accused of being part of a WhatsApp group where allegedly obscene and offensive images depicting Hindu deities were circulated -- The Court emphasized that without proper sanction under Section 196 CrPC, the investigation could not proceed to the cognizance stage -- The Court also noted the delay in investigation and failure to preserve electronic evidence under Section 67C of the IT Act
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Issue of Consideration: The Issue of Consideration mentioned in the Judgement
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Final Decision
The Court allowed the criminal petition and quashed the FIR in Crime No.4/2021 registered under Section 295A IPC and Section 67 IT Act -- All subsequent proceedings were also quashed
