Karnataka High Court Refuses To Quash Defamation Case Against Man Accused Of Creating Fake Social Media Accounts To Defame Sister-In-Law

The Karnataka High Court recently dismissed a petition filed by an accused seeking the quashing of a criminal defamation complaint registered against him by his estranged sister-in-law who alleged that the accused has been harassing the respondent and defaming her by way of creating fake social media accounts.Justice M I Arun dismissed the petition filed by Pramod Shivashankar, who is charged with offences punishable under Section 499 & 500 of the Indian Penal Code and Section 66 (c), 66(d) and 67(A) of the Information Technology Act. The woman alleged that the petitioner has been harassing her and defaming her by way of creating fake social media accounts. It is alleged that one such account is created as though it belongs to the respondent, and she is portrayed as a call girl looking for men. While in some other accounts, the identity of the account holder is not revealed, and a lot of defamatory messages are mentioned. The said social media accounts are not private in nature and any random person can view them, thereby giving the content a wide degree of publicity. Following which she filed a private complaint and the trial court took cognizance of the offences and after recording her sworn statement and evidence before charge, an order came to be passed charging the accused/petitioner for the offences punishable under Sections 499 read with 500 of IPC and Sections 66(C), 66(D) and 67(A) of IT Act.The petitioner argued that he is not guilty of the offences alleged. He has not created any of the fake social media accounts as alleged by the respondent. Even presuming that the petitioner has created fake social media accounts, the allegations made in the complaint do not constitute the offences as alleged. On going through the averments, the court said, “The contents of the said social media accounts, suggesting that the respondent is a prostitute and calling her and her family members names and making derogatory remarks against them, definitely if proved against the petitioner, have to be considered as defamatory in character.” It added “Further, creation of a fake social media account in the name of the respondent does amount to an offence under Section 66C of the IT Act.” Following which it held “Based on the sworn statement and the material produced, the trial court has come to the conclusion that prima facie, a fake social media account has been created in the name of the respondent and there are certain other fake social media accounts, which are created carrying defamatory statement against the respondent and has decided to frame charge against the petitioner as aforementioned. I do not see any error in the same.' Accordingly, it dismissed the petition. Appearance: Advocate SHRIDHARAMURTHY H R for Petitioner.Advocate MS. SHIREESHA S, for Advocate K.N. SUBBA REDDY ASSTS.Citation No: 2025 LiveLaw (Kar) 379Case Title: PRAMOD SHIVASHANKAR AND ABC Case No: CRIMINAL PETITION NO. 8217 OF 2023Click Here To Read/Download Order

Karnataka High Court Refuses To Quash Defamation Case Against Man Accused Of Creating Fake Social Media Accounts To Defame Sister-In-Law

Mustafa Plumber

Tags