JUDGMENT John Michael Cunha, J. - Petitioners are accused Nos.1 to 6 in Spl.C.C.No.64/2019 on the file of LXXXI Additional City Civil and Sessions Judge(CCH-82), Bengaluru. By order dated 23.01.2019, the learned Sessions Judge/Special Court exclusively to deal with criminal cases related to elected MPs/MLAs in the State of Karnataka has directed registration of criminal case against the petitioners/accused Nos.1 to 6 for the offences punishable under section 499 and 500 IPC and issued summons to face trial for the said offences. 2. Petitioners have called in question the correctness and legality of the impugned order dated 23.01.2019 and have sought to quash the entire proceedings pending in Spl.C.C.No.64/2019. 3. Learned Senior Counsel appearing for petitioners Sri. C.V. Nagesh has raised the following contentions:- (i) The Special Court exclusively to deal with criminal cases related to elected MPs/MLAs in the State of Karnataka has been constituted pursuant to the orders of the Hon ble Apex Court in W.P.(Civil) 699/2016 only to try the cases that are filed and pending against the elected MPs/MLAs. It has no jurisdiction to entertain the private complaint filed by private member of Public not being elected member of the Parliament or State Legislative Assembly and hence, the impugned order as well as the proceedings initiated against the petitioners in Spl.C.C.No.64/2019 are without jurisdiction. (ii) The allegations made in the complaint and the sworn statement of respondent/ complainant and his witnesses do not disclose the ingredients of criminal offences by the petitioners and therefore the order of taking cognizance and the consequent issuance of summons to the petitioners is illegal and violative of section 200 Cr.P.C. (iii)The Special Court has not adverted its mind to the allegations made in the complaint. These allegations do not constitute the basic ingredients of section 499/500 IPC. Therefore, the impugned order having been passed without application of mind and in total non-compliance of mandatory requirements of law is vitiated and has resulted in serious miscarriage of justice. 4. These allegations do not constitute the basic ingredients of section 499/500 IPC. Therefore, the impugned order having been passed without application of mind and in total non-compliance of mandatory requirements of law is vitiated and has resulted in serious miscarriage of justice. 4. In the course of arguments, learned Senior counsel for the petitioners by referring to the cause-title of the private complaint wherein petitioner No.1 is described as Chief of Operations, petitioner No.2 as Input Chief; petitioner No.3 as Chief Anchor; petitioner No.4 as employee; petitioner No.5 as Reporter and petitioner No.6 as News Anchor of M/s. The Associated Broadcasting Company Pvt. Ltd., emphatically submitted that without making the said Broadcasting Company as an accused, the initiation of the proceedings against the petitioners is bad in law as laid down by the Hon ble Supreme Court in SHARAD KUMAR SANGHI v. SANGITA RANE, (2015) 12 SCC 781 . Learned counsel has referred to paras 11 and 13 of the said judgment which read as under:- 11. In the case at hand as the complainant's initial statement would reflect, the allegations are against the company, the company has not been made a party and therefore, the allegations are restricted to the Managing Director. As we have noted earlier, allegations are vague and in fact, principally the allegations are against the company. There is no specific allegation against the Managing Director. When a company has not been arrayed as a party, no proceeding can be initiated against it even where vicarious liability is fastened on certain statutes. It has been so held by a three-Judge Bench in Aneeta Hada v. Godfather Travels and Tours Private Limited in the context of Negotiable Instruments Act, 1881. 13. When the company has not been arraigned as an accused, such an order could not have been passed. We have said so for the sake of completeness. In the ultimate analysis, we are of the considered opinion that the High Court should have been well advised to quash the criminal proceedings initiated against the appellant and that having not been done, the order is sensitively vulnerable and accordingly we set aside the same and quash the criminal proceedings initiated by the respondent against the appellant. 5. In the ultimate analysis, we are of the considered opinion that the High Court should have been well advised to quash the criminal proceedings initiated against the appellant and that having not been done, the order is sensitively vulnerable and accordingly we set aside the same and quash the criminal proceedings initiated by the respondent against the appellant. 5. Learned Senior Counsel appearing for the respondent however argued in support of the impugned order and by referring to the relevant portion of the complaint and the sworn statement of the respondent/complainant and the documents produced before the learned Special Judge pointed out that in the wake of the positive material produced by the respondent in proof of the alleged offences, the impugned order and the proceedings conducted by the learned Special Judge do not suffer from any error or illegality warranting interference by this Court under section 482 Cr.P.C. 6. I have considered the rival submissions and have carefully scrutinized the material on record. 7. Insofar as the contentions urged by the Senior counsel touching the jurisdiction of the Special Court to entertain the complaint filed by the respondent/complainant and to issue process to the petitioners is concerned, this question has been decided by me in Crl.P.No.7734/2019 dated 15.10.2020 and I have held that by virtue of the Government Order bearing No.LAW 10 LCE 2018, Bangalore dated 08.02.2018 and the subsequent orders dated 17.01.2019 and 13.02.2020 passed by Government of Karnataka, all criminal cases related to or involving the elected MPs/MLAs whether filed against the elected MPs/MLAs or filed by them are required to be transferred to the Special Court constituted in terms of the above orders. In view of the said order, the contention urged by the learned Senior Counsel disputing the competence and jurisdiction of the Special Court to deal with the complaint lodged by the respondent is liable to be rejected and is accordingly rejected. 8. Coming to the impugned order made by learned Special Judge issuing summons to the petitioners is concerned, a perusal of the allegations made in the complaint and the sworn statement of the complainant which are duly supported by the CDs of the telecast and transcripts thereof, in my view, clearly make out the ingredients of section 499 IPC punishable under section 500 IPC. The complainant claims to be a qualified Engineering Graduate serving society as an educationalist, philanthropist and a public servant. He is a son of eminent politician and philanthropist i.e., Late B.M. Patil who was elected as a MLA six times and MLC once. The complainant entered political arena after the death of his father in the year 1991. Since then, he had an unblemished political career of 27 years, in which he has been elected as a Member of Legislative Assembly to the Karnataka Assembly for five terms and so also a Member of Parliament from the Vijaypura Constituency for one term. He is presently a sitting member of Legislative Assembly. He is the President of BLDE Association, a 108 year old Educational Association. He founded the Irrigation Movement Committee of the twin districts of Vijayapura and Bagalkot. 9. In para 14 of the complaint, it is alleged that accused Nos.1 to 6 are individuals who are employed at various posts in a company operating under the name and style of M/s. The Associated Broadcasting Company Private Limited which is operating and broadcasting a Electronic Media channel under the name and style of Tv9 and News 9. Accused Nos.1 and 2 are the key personnel. 10. The material allegations leveled against the petitioners find place in para 16 wherein it is alleged that accused Nos.1 to 6 being employees of a Electronic Media channel under the name and style of Tv9 and News 9 are liable to ensure correct and fair reporting of the news which is being telecasted in their Electronic Media channel. According to the complainant, in respect of an occurrence that had taken place on 11.07.2018, during which CCB police had apprehended a person by name Mr. Ravi @ Cycle Ravi who was wanted in nearly 30 cases, made a telecast in Tv9 and News 9, wherein it was claimed that the crew of the Electronic Media channels viz., Tv9 and News 9 had access to the progress of the investigation conducted by CCB who had recovered 11 mobile phones and 38 SIM Cards at the instance of Mr. Ravi @ Cycle Ravi and that they also had access to call records or details of mobile No.9741199999 and the mobile number of the complainant bearing No.7760977777. 11. Ravi @ Cycle Ravi and that they also had access to call records or details of mobile No.9741199999 and the mobile number of the complainant bearing No.7760977777. 11. Insofar as accused Nos.1, 2, 4 and 6, it is stated at paras 30, 31 and 32 of the complaint as under:- 30. Despite all these clarifications issued as above, the Accused No.6 herein had conducted a program through the Electronic Media Channels under the name and style of News 9, wherein, it was again maliciously stated that the said Phone No. 9741199999 was owned and extensively used by Mr. Ravi @ Cycle Ravi and further implication that the complainant herein had been aiding the activities of the said Mr. Ravi @ Cycle Ravi and thereby further implying that, the complainant herein is more like a business associate of the said Mr. Ravi @ Cycle Ravi, by making false and unverified statements. The relevant portion of the transcript of the program conducted by the accused No.6 through the Electronic Media Channels under the name and style of News 9 is enclosed reiterated as under: News 9 English 17-07-2018 Accesses Cycle Ravi s phone Records. Politics And Crimes have time and again we have come across link Tuesday was a shock waiting to a happen in Karnataka and one more time the link was established. Reporter (Nikhil Vasuki): Talking about Notorius Roudy Sheeter Ravi Aliyas cycle Ravi after the arrest CCB Clues these 11 mobiles and 38 Sim cards from the Roudy Sheeter. Each sim for use of specific purpose. On Tuesday News 9 Mobile access Calls Records of notorious Rowdy Sheeter Call made from 9741199999 call to 9980145246. Look at this list subscriber s list details would certainly shock you. It mentions the name of the then water resources minister M.B.Patil. There was report 80 calls between cycle Ravi and former minister. Patil calls cycle Ravi 54 times and Ravi made 24 calls to Ex-Minister. The two men communicated through SMS twice. The C.D. showing the T.V. programs broadcasted through the Electronic Media Channels under the name and style of News 9 on 17.07.2018 are produced herewith as part of Document No.10 and the transcripts of the T.V. programs broadcasted through the Electronic Media Channels under the name and style of News 9 on 17.07.2018 are herewith produced as Document No.11. 31. The C.D. showing the T.V. programs broadcasted through the Electronic Media Channels under the name and style of News 9 on 17.07.2018 are produced herewith as part of Document No.10 and the transcripts of the T.V. programs broadcasted through the Electronic Media Channels under the name and style of News 9 on 17.07.2018 are herewith produced as Document No.11. 31. Further, the Accused No.4 herein had on 18.07.2018 at about 8.30 p.m. broadcasted a program by name Hello Cycle through the Electronic Media Channels under the name and style of TV 9; wherein, it was again maliciously stated that the said Phone No. 9741199999 was owned and extensively used by Mr. Ravi @ Cycle Ravi and further implication that the complainant herein had been aiding the activities of the said Mr. Ravi @ Cycle Ravi and thereby further implying that, the complainant herein is more like a business associate of the said Mr. Ravi @ Cycle Ravi, by making false and unverified statements. It is further pertinent to submit that, the accused No.4 herein had further made statements raising questions as to why the complainant-who was then holding the post of Minister for Water Resources would call such a Criminal, thereby maliciously implying that the complainant herein had been aiding the activities of the said Mr. Ravi @ Cycle Ravi. The copy of the Transcript of show conducted by accused No.4 on 18.07.2018 is reproduced as below: TV 9 Kannada Programme: 18-07-2018 Hello Cycle The C.D. Showing the T.V. programs broadcasted through the Electronic Media Channels under the name and style of TV 9 on 17.07.2018 and repeated on 18.07.218 are produced herewith as part of Document No.2 the transcripts of the T.V. programs broadcasted through the Electronic Media Channels under the name and style of TV 9 on 17.07.2018 and repeated on 18.07.2018 are herewith produced as Document No.12. 32. Further the URL links of the defamatory programs aired through the Electronic Media Channels under the name and style of TV 9 and News 9 were uploaded by the accused No.1 and 2 on their media platform on Youtube are mentioned below: https// wwwyoutube.com/watch?v=8ojUTtUHIf4&feature= youtu.be News 9 https// wwwyoutube.com/watch?v=OSVBMfJr4Cw https// wwwyoutube.com/watch?v=PrUponO5c https// wwwyoutube.com/watch?v=s609llit6Sg 12. 32. Further the URL links of the defamatory programs aired through the Electronic Media Channels under the name and style of TV 9 and News 9 were uploaded by the accused No.1 and 2 on their media platform on Youtube are mentioned below: https// wwwyoutube.com/watch?v=8ojUTtUHIf4&feature= youtu.be News 9 https// wwwyoutube.com/watch?v=OSVBMfJr4Cw https// wwwyoutube.com/watch?v=PrUponO5c https// wwwyoutube.com/watch?v=s609llit6Sg 12. In respect of accused Nos.3 and 5, it is stated that by making the unverified and false statement, inspite of the clarifications issued by the instrumentalities of State i.e., the Hon ble Chief Minister and Commissioner of Police, Bengaluru City and the Owner and user of Phone No.9741199999, would go on to show the malicious intentions of accused Nos.1 to 6 herein in harming the reputation of the complainant and thereby defaming the complainant with an intent to create sensationalism in news. It is submitted that, such acts of accused Nos.1 to 6 herein in causing the portrayal of a public figure in a bad light with intent of creating sensation by repeatedly telecasting unverified, false and maliciously worded news about such persons would be nothing short of the offence as defined under section 499 of the IPC. 13. These allegations are principally directed against the petitioners and would prima-facie constitute the ingredients of the offences under section 499 IPC. Therefore, the argument of learned Senior Counsel for the petitioners that the prosecution of the petitioners without making the company a party in which the petitioners were employed at the relevant time is of no consequence. It is not the case of the petitioners that the alleged offences were committed by them while acting on behalf of the company. Even assuming that the company was the alter ego of the petitioners so as to impute criminal intent and criminality to the company, the said defence could be substantiated by the petitioners only during trial. 14. It is trite law that at the stage of issuing process, the Magistrate or Court is not required to ascertain the correctness or otherwise of the allegations made in the complaint and that the evidence produced in respect of those allegations is sufficient to warrant conviction. At that stage, the court has to decipher a prima-facie case for trial. 14. It is trite law that at the stage of issuing process, the Magistrate or Court is not required to ascertain the correctness or otherwise of the allegations made in the complaint and that the evidence produced in respect of those allegations is sufficient to warrant conviction. At that stage, the court has to decipher a prima-facie case for trial. In the instant case, the allegations made against the petitioners in the complaint as well as in the sworn statement which are duly supported by CDs and transcripts thereof prima-facie make out the ingredients of the offences and hence, in my view, the trial Judge was justified in issuing summons to the petitioners. These allegations squarely attract the ingredients of section 499/500 IPC. Petitioners do not dispute the fact that the offending contents were uploaded or telecasted by them. The role played by each of them is specified in the complaint and the supporting documents are produced in proof of these accusations. Under the said circumstances, there being prima-facie material to proceed against the petitioners, I do not find any ground to interfere in the impugned proceedings initiated against the petitioners and the order of summons issued by the Special Court for prosecution of the petitioners for the above offences. Consequently, the petition being devoid of merit is liable to be dismissed and is accordingly dismissed.