Calcutta High Court: A single-judge bench comprising of Bibhas Ranjan De,* J., held that the prosecution failed to present material showing intent to cause disorder or incite violence, therefore, any further proceeding would amount to abuse of court process and quashed the criminal proceeding against the petitioners.
Factual Matrix
In the instant matter, a complaint was lodged against the petitioners, Zee News officials, on 17-12-2016 at Sankrail Police Station, alleging that the incident of disturbance between two communities on 13.12.2016 and 14.12.2016 in Dhulagarh, which lead to the burning of houses and shops was categorized as communal disturbance on Zee News on 16-12-2016, which further led to tension in the area. The FIR was filed on 19-12-2016 under Section 153-A of IPC against the petitioners. The petitioner filed a revision application seeking the quashing of proceedings related to the case based on an FIR registered under Section 153-A of the IPC against them.
Contentions
The petitioners contended that the written complaint and FIR did not establish any intent to promote enmity between different religious groups, a requirement for an offense under Section 153-A of the IPC. It was contended that the incident occurred between two communities on specific dates, and the coverage by the petitioners, who were Zee News officials, took place without any subsequent untoward incident. The petitioners further contended that the prosecution failed to establish the requisite mens rea for the offense.
The respondent contended that Zee News often favored a particular political party, implying potential bias. The respondent also raised concerns about the delay in investigation due to the court-ordered stay, indicating that 51 days had lapsed without progress.
Court’s Verdict
The Court examined the case diary and observed that the Investigating Officer had recorded statements of two witnesses, but both statements were similar and lacked any intention to promote enmity between communities.
The Court emphasized that an offense under Section 153-A of the IPC requires intent to promote feelings of enmity or hatred between different groups, causing public disorder. The Court cited various precedents and reiterated that the prosecution must establish mens rea and the intent to disrupt public order.
The Court held that the prosecution failed to present material showing intent to cause disorder or incite violence and as there were no untoward incidents after Zee News’s visit, any further proceeding would be an abuse of court process.
“Prosecution could not produce any material before this Court to adjudicate primarily to attract any offence under Section 153-A of the Indian Penal Code … further proceeding with this case would result in an abuse of process of court and will not serve the ends of justice.”
The Court quashed the criminal proceeding pending before the Chief Judicial Magistrate on the grounds that a necessary element “intent to cause disorder or incite violence” under Section 153-A of IPC, was not established.
[Pooja Mehta v. State of W.B., 2023 SCC OnLine Cal 2301, order dated 03-08-2023]
*Judgment by Justice Bibhas Ranjan De
Advocates who appeared in this case :
Mr. Sourav Chatterjee, Mr. Supriya Ranjan Saha, Mr. Subhrangsu Mitra, Counsel for the Petitioner;
Mr. Binay Panda, Mr. Subham Bhakat, Counsel for the Respondent/State.
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