Before going into the facts and ratios laid down in above judgments, it will be material to consider the provisions and ingredients of Section 505(2) of the Indian Penal Code.
8. The following are the main ingredients:
(A) There must be either publication circulation of any statement or report.
(B) It must contain rumor or alarming news.
(C) It must be with the intention to create or promote feeling of enmity, hatred or ill will.
(D) It must be on account of religion, race, place of birth, casts or community.
Then, only it can be said that it violates the provisions of Section 505(2) of Indian Penal Code. {Para 7}
9. It is true that the Petitioner in those two articles have said about a rift in between the staff of the Office of Deputy Police Commissioner on one hand and staff attached to Crime Branch of Solapur Unit. It is also true that by reading those two news articles, any person from the society will certainly form an opinion that there is a rift in between the police personnel of two offices. It is also true that it may not give a good message about overall functioning of the Police Commissionerate Office, Solapur. It is also true that it will create an alarm amongst the members of the society to the effect that whether Police of Solapur Commissionerate area are in a position to protect their interest in case of need and whether they are competent to maintain law and order.
21. In fact, the subject of two news articles does not relate to any of the categories mentioned in Section 505(2) of the Indian Penal Code. If we will say that any news article pertaining to two Sections of any Department will fall within the purview of Section 505(2) of the Indian Penal Code, in that case, we are interpreting the provisions of Section 505(2) of the Indian Penal Code too far and it is not expected by legislatures. Hence, we are not inclined to accept the submissions made on behalf of the prosecution. We reject it.
22. For the above discussions, we are of the considered opinion that the police have wrongly invoked the provisions of Section 505(2) of the Indian Penal Code to the facts before us. It is not warranted. It does not satisfy all ingredients of Section 505(2) of the Indian Penal Code. Hence, the application of that Section has to be struck down.
IN THE HIGH COURT OF BOMBAY
Writ Petition No. 2954 of 2018
Decided On: 06.05.2022
Amol Kashinath Vyavhare Vs. Purnima Chaugule Shrirangi and Ors.
Hon'ble Judges/Coram:
P.B. Varale and S.M. Modak, JJ.
Author: S.M. Modak, J.
Citation: MANU/MH/1613/2022
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