BENGALURU: The Karnataka High Court quashed a chargesheet and cognisance taken by the magistrate against one KM Basha from Raichur district, for not obtaining prior sanction to prosecute him for allegedly showing disregard to Indian soldiers by posting the message, wherein a Pakistani soldier was purportedly conversing with a woman, with the words “Har dil ki awaaz, Pakistan zindabad” on social media.
However, the court gave liberty to the investigating agency to comply with the provisions of Section 196 of the CrPC, and investigate the matter afresh as per law. If sufficient material is found during investigation, the agency is at liberty to file a chargesheet and proceed with the case as per law, the court added.
Justice V Srishananda passed the order recently while allowing the petition filed by Basha, a native of KHB Colony in Manvi taluk of Raichur district. Basha allegedly shared the objectionable message on social media on October 6, 2020, but later deleted it.
The sub-inspector complained to the station house officer with the report that sharing such a message would amount to insulting the soldiers of the country, resulting in demoralising them and also disturbing the peace and tranquillity of the society. A chargesheet was filed against Basha for offences under Sections 505(1)(a), 505(1)(b) and 505(2) of IPC and cognizance was taken by the nagistrate on July 12, 2021.