Petition to Quash Defamation Proceedings Dismissed; Matters to be Decided at Trial
Bengaluru, September 7, 2026 — The Karnataka High Court has dismissed a petition filed by Adaguru H. Vishwanath seeking to quash defamation proceedings against him. The case, which revolves around statements made by Vishwanath during press conferences that allegedly linked B.S. Suresha to a bribery scandal in the Mysore Urban Development Authority (MUDA), will now proceed to trial.
Justice Anant Ramanath Hegde presided over the hearing, where counsel for Vishwanath argued that the statements made during the press conferences on July 5 and July 9, 2024, were not defamatory and fell under Exception 8 to Section 356 of the Bharatiya Nyaya Sanhita, 2023. The petitioner contended that the statements were made in good faith and should not have led to criminal proceedings.
The complainant, B.S. Suresha, alleged that Vishwanath's statements were defamatory as they suggested his involvement in the MUDA scam, which involved the suspension of two government officials. Suresha claimed that these allegations had tarnished his reputation and presented three independent witnesses to support his claim.
The court, however, held that the issues of whether the statements were made in good faith, whether they fall within statutory exceptions, and whether they actually lowered Suresha's reputation, are matters that should be addressed during the trial. The court emphasized that at the quashing stage, it is not appropriate to interdict proceedings based on these arguments.
In distinguishing this case from previous judgments, the court noted that earlier decisions to quash defamation proceedings involved materially different facts. In those cases, the allegations were not specifically directed against the complainant or had been tested after a trial.
The court's decision ensures that all contentions of the parties remain open and that the merits of the case will be evaluated during the trial process. This ruling underscores the judiciary's stance that defamation cases with specific allegations and supporting evidence warrant thorough examination in court.
Bottom Line:
Bharatiya Nyaya Sanhita, 2023 Section 356(2) - Defamation - Petition for quashing complaint rejected - Where accused did not dispute making statements in press conferences and complainant examined independent witnesses to show lowering of reputation, plea that statements fall under Exception 8 and were made in good faith raises triable issues to be decided at trial, not in quashing proceedings.
Statutory provision(s):
- Bharatiya Nyaya Sanhita, 2023 Section 356(2)
- Bharatiya Nagarik Suraksha Sanhita, 2023 Section 528
Adaguru H. Vishwanath v. B.S. Suresha, (Karnataka) : Law Finder Doc id # 2985268
