3 months ago
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The High Court of Karnataka has quashed the First Information Report (FIR) registered against Niranjana Vanalli, the past Vice-Chancellor of Bengaluru North University connected the absorption of a sessions tribunal successful Kolar based connected a backstage ailment lodged by a erstwhile impermanent module of the varsity.
The sessions court, the High Court said, erred successful 2 ways arsenic the second had not afforded an accidental of proceeding the accused earlier taking cognisance of the offences nether provisions of the Bharatiya Nagarik Suraksha Sanhita (BNSS), and it could not person ordered probe into the offence of defamation.
Treat afresh
However, the High Court has present directed the sessions tribunal to enactment arsenic per the instrumentality treating the ailment afresh portion mounting speech the bid of referring the ailment for probe and quashing the FIR.
Justice M. Nagaprasanna passed the bid portion partially allowing the Mr. Vanalli’s petition.
The sessions tribunal successful June, 2025, directed the Gulpet constabulary successful Kolar to registry an FIR and behaviour probe aft taking cognisance of alleged offences nether Section 3(1)(q) and (u) of Scheduled Castes/Scheduled Tribes (Prevention of Atrocities) Act, 1989, and nether Section 356(2) (defamation) of the Bharatiya Suraksha Sanhita (BNS) based connected the ailment lodged by Manjunatha R.
The ailment was lodged aft helium was terminated from the work connected the proposal of the varsity’s syndicate.
On defamation
“If the contented is of defamation, the sessions tribunal acrophobic could not person directed probe to beryllium conducted by the constabulary arsenic it is by present a settled rule of instrumentality that if defamation is an amalgam of each different offences, determination cannot beryllium an probe by the constabulary successful the lawsuit of a defamation, which is betwixt 2 individuals oregon entities,” the High Court observed.
Therefore, the High Court said that the sessions tribunal should person taken cognisance of the offences by pursuing the process prescribed successful Section 223 of BNSS connected the ground of the ailment for the crushed that cognisable offences are alleged on with the offence of defamation.
Further, the High Court said that successful the airy of the process prescribed nether Section 223(1) of the BNSS, the sessions tribunal ought to person heard the accused anterior to taking cognisance of the offences arsenic this process is mandatory arsenic held by the apex court.
