- In Divya and Anr vs State of Karnataka the Hon’ble Karnataka HC has observed that the bar under section 199 of CrPC on a Magistrate from exercising powers under section 156(3) of CrPC and ordering investigation on a complaint involving offences under section 500 of IPC (defamation) would be applicable even in cases where other offences have been committed in addition to section 500 of IPC.
- It is important to note that section 199 of CrPC stipulates that no Court can take cognizance of an offence punishable under Chapter 21 of IPC except upon the complaint made by some person aggrieved by the said offence.
- In the instant case, the petitioners and the complainant/respondent were residents of the same apartment complex. A complaint was registered by the respondent against the instant petitioners under section 200 of CrPC alleging that due to the false allegation and the subsequent complaint made by the petitioner, his image in the eyes of the residents of the complex has been tarnished.
- The Magistrate ordered an investigation into the allegation under section 156(3) of CrPC to be conducted by the police. The police, after investigation, filed a chargesheet in the matter for the offences punishable under sections 211, 499, 500 read with section 34 of IPC.
- The Counsel for the petitioners in the instant case submitted that the Magistrate could not have directed the investigation into the said offences as the police could not have been involved. It was also argued that there was nothing defamatory in the complaint that was lodged before the police or the President of the Association and thus, under section 199 CrPC, the complainant cannot be said to be the aggrieved person.
- The Counsel for the respondents, on the other hand, argued that the petitioners had lodged a false case against the complainant and that the allegation did require an investigation as they also involved section 211 and 34 of IPC. The petitioners had clearly tarnished the image of the respondent in the eyes of the community and hence he would definitely be an aggrieved person under section 199 of CrPC.
- The Hon’ble HC observed that in cases involving defamation, which is defined under section 499 of IPC and punishable under section 500 IPC, the Court can take cognizance of the same only upon a complaint and not on a report filed by the Police.
- The Court relied heavily upon the decision of the Hon’ble SC in Subramanian Swamy vs Union of India (2016) SCC wherein it was held that where the complaint made before a Magistrate involves the offence of defamation punishable under section 500 IPC, the Magistrate cannot exercise powers under section 156(3) of CrPC, so as to direct the police to register a case and investigate the same, in view of the specific bar created by section 199 CrPC.
- It was also observed that the same would be applicable even when offences other than 500 IPC are also alleged in the same complaint.
- Thus, the petition was allowed and the lower Court was ordered to take up further proceedings in the case from the stage of registration of the complaint, and to take all necessary action in accordance with law.
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