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The Metropolitan Magistrate Court, Egmore, rejected the request to remand of ‘Nakeeran’ Gopal, for allegedly fake and derogatory news about the Governor of TN in his bi-weekly Tamil magazine, Nakeeran, u/s 124 of IPC, which was also, later upheld by Madras HC.
Later, Nakeeran Gopal filed a petition to quash the FIR against him, for which the Justice N.Anand Venkatesh, stated that in order to fulfil the requirements of Section 124 of IPC, as to of the word ‘Overawe’, there must be something to create an apprehension, alarm or even perhaps fear.
The Court also related the requirements of Section 124 and Section 353, which are similar, the SC held in the case of ManikTangia v. State of Karnataka (2015) 7 SCC 423, there must be a criminal force or an assault, for any said publications, however malicious it may be.
The HC also held that the Court below has no cognizance of final report filed by police since section 196 of CrPC, states that no court shall take cognizance of any offences punishable Chapter VI and u/s 505 of IPC; it also said, ‘Since this Court finds a prima facie case in favour of the petitioners, the proceedings in P.R.C.No.68 of 2019, pending on the file of the learned II Metropolitan Magistrate, Egmore, Chennai is hereby stayed pending disposal of the criminal original petition’
ORDER – Crl. O.P. No. 14160 of 2019.
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