Case Note & Summary
The petitioner, B.K. Diganth, was the sole accused in C.C.No.47469/2025 pending before the II Additional Chief Judicial Magistrate, Bengaluru, for offences punishable under Section 67 of the Information Technology Act, 2008 and Sections 78(2) and 238(c) of the Bharatiya Nyaya Sanhita (BNS). The case originated from a suo motu complaint registered by the second respondent, a Police Sub-Inspector attached to Banashankari Police Station, who claimed that while checking social media, he found an Instagram account named 'Metro_Chicks' where unknown persons had followed women travelling in Metro trains, taken pictures and videos of body parts, and uploaded them. The complaint alleged that 14 specific obscene videos were found. The petitioner filed a petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) seeking quashing of the entire proceedings. The High Court of Karnataka, after hearing both sides, observed that the complaint lacked specific allegations against the petitioner and that the investigation was not conducted properly. The court noted that the petitioner was not named in the complaint and there was no material linking him to the Instagram account or the obscene content. Consequently, the court held that continuing the proceedings would be an abuse of the process of law and quashed the proceedings in C.C.No.47469/2025.
Headnote
A) Criminal Procedure - Quashing of Proceedings - Section 528 BNSS - Lack of Prima Facie Case - The petitioner sought quashing of proceedings in C.C.No.47469/2025 for offences under Section 67 IT Act and Sections 78(2) and 238(c) BNS. The court held that the complaint lacked specific allegations against the petitioner and the investigation was not conducted properly, making the proceedings an abuse of process of law. (Paras 1-6) B) Information Technology Act - Obscene Publication - Section 67 IT Act - Requirement of Specific Allegations - The court held that for an offence under Section 67 IT Act, there must be specific allegations that the accused published or transmitted obscene material. In this case, the complaint only mentioned an Instagram page without linking the petitioner to the content. (Paras 3-5) C) Bharatiya Nyaya Sanhita - Offences - Sections 78(2) and 238(c) BNS - No Prima Facie Case - The court found that the allegations under Sections 78(2) and 238(c) BNS were not made out as there was no evidence that the petitioner committed any act of obscenity or criminal intimidation. (Paras 3-5)
Issue of Consideration
Whether the criminal proceedings against the petitioner for offences under Section 67 of the Information Technology Act, 2008 and Sections 78(2) and 238(c) of the BNS should be quashed for lack of prima facie case and abuse of process of law.
Final Decision
The High Court allowed the petition and quashed the entire proceedings in C.C.No.47469/2025 pending on the file of the II Additional Chief Judicial Magistrate, Bengaluru.
Law Points
- Quashing of criminal proceedings
- lack of prima facie case
- abuse of process of law
- Section 528 BNSS
- Section 67 IT Act
- Section 78(2) BNS
- Section 238(c) BNS
- suo motu complaint
- investigation without authorization
