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Karnataka HC stays FIR against BJP leader for his remark on Siddaramaiah
High court on Tuesday stayed for four weeks the investigation against former minister Dr. CN Aswath Narayan, who had called to “finish off” chief minister Siddaramaiah
The Karnataka high court on Tuesday stayed for four weeks the investigation against former minister CN Aswath Narayan, who had called to “finish off” chief minister Siddaramaiah in the way Vokkaliga warriors Urigowda and Nanje Gowda killed erstwhile Mysuru ruler Tipu Sultan.
A single judge bench of justice M Naga Prasanna heard the petition filed by Narayan requesting to quash the FIR filed against him by Devaraja police in Mysuru city on May 24.
Senior advocate Prabhulinga Navadagi, who argued for the petitioner contended that the statement was made in such a way as to defeat Siddaramaiah in the election. The Congress leaders filed a complaint with police in the month of February and NCR was registered. A new complaint has been filed after the change of government with malicious intent on May 24 at Devaraja police station in Mysuru. The complaint is against Article 14 and 21 of the Constitution and the case has been registered illegally. The case has been registered on charges of criminal intimidation, rioting, deliberate incitement, for which there is no proper evidence. Also, the complainant was not present at the scene of the incident. There has been no riot since the petitioner’s speech. Also, it is not clear which person will be directly affected by the petitioner’s statement. This complaint is fictitious. As there are no elements that constitute a crime under IPC Section 153, and appealed to quash the FIR. . The public prosecutor objected to this and argued that there should be no stay as it is a bailable case. After hearing this argument, the bench issued a restraining order to the FIR for four weeks and ordered to serve notice to state government.
On February 15, 2023, Dr. C. N. Aswath Narayan, who was a BJP minister, addressing party workers meeting at Sathanur in Mandya called upon workers to finish off Siddaramaiah in the way Uri Gowda and Nanjegowda finished Tipu sultan. The statement sparked outrage in many parts of state and KPCC secretary M Lakshman filed complaint in police station in Mysuru. But police did not register FIR and issued NCR. (Not criminally responsible)
Again, a fresh complaint was registered at Devaraja police on May 24 and an FIR registered against C N Ashwath Narayana under IPC 506 (threatening with life)and 153 (malignly provocation)and later the case transferred to Mandya as the incident occurred in that jurisdiction.
