Karnataka high court bins order sending defamation complaint to police

Bengaluru: Karnataka high court has quashed a trial court order that referred a defamation complaint against Prof Niranjana, former vice-chancellor of Bangalore North University, to police for investigation. It has also set aside the subsequent registration of crime based on that order, citing procedural inadequacy.The complaint was filed by R Manjunatha, part-time guest lecturer in the journalism department at the university. Based on his complaint, a special court referred the matter to Gulpet police for investigation on June 4, 2025. Two days later, the crime was registered against Niranjana for offences punishable under Sections 3(1)(q) and (u) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, and Section 356(2) of BNS, 2023.
Challenging the proceedings, Niranjana argued that none of the allegations satisfied the offences invoked against him. He said Manjunatha was terminated from service based on a syndicate resolution, and this could not result in a counterblast and a crime being registered against him. Manjunatha, on the other hand, submitted that as a co-employee, he complained about the VC's misbehaviour and for that his services were terminated.After perusing the materials on record, Justice Nagaprasanna said if the issue is of defamation, the court concerned could not have directed an investigation to be conducted by police. It is by now a settled principle of law that if defamation is an amalgam of all other offences, there cannot be police investigation because a defamation case is between two individuals or entities.Justice Nagaprasanna said the second legal snag is that in light of the procedure prescribed under Section 223(1) of BNSS (private complaint), the court ought to have heard the accused prior to taking cognisance of offences. The HC sent the matter back to the court concerned to consider the complaint afresh.