Court holds delayed complaint and lack of evidence of public unrest render criminal case an abuse of process; emphasizes necessity of prior sanction for prosecution under Section 505 IPC
In a significant judgment dated 28th October 2026, the Karnataka High Court, presided over by Justice V Srishananda, quashed criminal proceedings against D. S. Ravi Kumar, who was accused of raising the slogan "Pakistan Zindabad" during a political protest organized by the Bharatiya Janata Party (BJP) in Mandya in December 2022. The case had been registered under Sections 153B and 505(1)(B) of the Indian Penal Code (IPC) at Mandya West Police Station.
The complaint lodged by respondent Kannambadi Kumar came after a lapse of nearly two years, based on a YouTube video clip allegedly showing protesters chanting the slogan. The petitioner contended that the slogan was raised inadvertently, as a slip of tongue, instead of the intended slogan "Pakistan Murdhabad." The petitioner's counsel argued that the words were not uttered with any intention to create unrest or to target any community, and the demonstration was a lawful political protest.
The High Court observed that the investigation failed to identify participants in the demonstration or establish any repercussions or unrest caused by the slogan in society or among any particular community. The court found no material to attract the essential ingredients of Section 153B IPC, which criminalizes promoting enmity between different groups.
Further, the court noted a critical procedural lapse: the Magistrate had taken cognizance of the offence under Section 505 IPC without the mandatory prior sanction required under Section 196(1)(a) of the Code of Criminal Procedure (CrPC). The absence of such sanction rendered the proceedings unsustainable.
Citing a precedent from K. M. Basha alias Mehaboob Basha v. State of Karnataka (Criminal Petition No. 201668/2022), the court reiterated the necessity of prior sanction for prosecution under Section 505 IPC. Given these factors, the court concluded that continuing the criminal case was unnecessary and amounted to abuse of process of law.
The writ petition filed by the petitioner under Articles 226 and 227 of the Constitution of India read with Section 482 CrPC was allowed. The court quashed the criminal proceedings pending as C.C. No. 712/2024 before the Principal Senior Civil Judge and Chief Judicial Magistrate at Mandya.
This judgment highlights the judiciary's role in safeguarding citizens from vexatious litigation arising from political protests and underscores strict adherence to procedural safeguards, particularly the requirement of prior sanction for offences under Section 505 IPC.
Bottom Line:
IPC Sections 153B and 505(1)(B) - Quashing of criminal proceedings - Slogan of "Pakistan Zindabad" allegedly raised during political protest - Complaint lodged after two years on basis of YouTube video - No material showing resultant unrest in society or impact on any particular community - Ingredients of Section 153B not attracted - Cognizance for offence under Section 505 IPC without prior sanction under Section 196(1)(a) Cr.P.C. is unsustainable - Proceedings quashed as abuse of process of law.
Statutory provision(s): Indian Penal Code Sections 153B, 505(1)(B); Code of Criminal Procedure Sections 196(1)(a), 482; Constitution of India Articles 226, 227
D. S. Ravi Kumar v. State of Karnataka, (Karnataka) : Law Finder Doc Id # 3012528
