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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
M. SATYANARAYANA MURTHY, J.
Kantamaneni Ravishankar – Appellant
Versus
State of Andhra Pradesh – Respondent
Writ Petition No. 8890 of 2020
Decided On : 26-08-2020
Constitution of India, 1950 – Articles 14, 19 (1)(a), 21 and 226 - Indian Penal Code, 1860 - Sections 188, 505 (2), and 506 - Disaster Management Act, 2005 - Section 54 – Criminal Intimidation – Statement conducing Mischief - Quash of Proceedings – Prime duties of police - Whether allegations made in complaint lodged by fourth respondent with third respondent constitute offences punishable under Sections 188, 505(2) and 506 I.P.C. and Section 54 of Disaster Management Act prima facie - Whether registration of crime for offences punishable under Section 188 of I.P.C. and Section 54 of Disaster Management Act is in contravention of Section 195(1)(a)(l) Cr.P.C. and Section 60 of Disaster Management Act - If not, proceedings in Crime on file of Station House Officer, C.I.D. Police Station are liable to be declared as illegal and consequently be quashed –
Finding of the Court : Power of Court under Article 226 of Constitution of India can be exercised when the State and its instrumentalities have abused process of law in registration of crime. Here, petitioner complained that by abusing process of law, crime is registered against petitioner for various offences referred supra - There was absolutely no threat to the public or causing alarm in the mind of any person to do or omit to do any work. Mere expression of any words without any intention to cause alarm would not be sufficient to bring in the application of this section - prime duties of police, either Criminal Investigation Department or Law and Order, the prime duty of the police is to protect the public from law breakers. But, here the police themselves by abuse of law registered crime against this petitioner for various offences, though the allegations made in the complaint do not attract any of the offences punishable under Section 505(2) and Section 506 I.P.C – Hence action of the third respondent is nothing but abuse of process of law in registering crime against the petitioner believing the allegations made in the complaint on their face value as true, the Court can exercise power to quash the proceedings by exercising power under Article 226 of the Constitution of India, which is identical to the power under Section 482 of Cr.P.C. –
Result : Writ petition is allowed
ORDER :
M. Satyanarayana Murthy, J.
1. This writ petition is filed under Article 226 of the Constitution of India to issue Writ of Mandamus to declare the action of respondent No. 3 in registering a case in Crime No. 20 of 2020 dated 29.04.2020 by the Station House Officer, CID Police Station, Mangalagiri, Guntur District, Andhra Pradesh for the offence punishable under Sections 188, 505 (2) and 506 of Indian Penal Code (for short "I.P.C.") and Section 54 of the Disaster Management Act, 2005 on the basis of the complaint lodged by respondent No. 4 as illegal, arbitrary, abuse of process of law and in violation of fundamental rights guaranteed under Articles 14, 19 (1) (a) and 21 of the Constitution of India; consequently quash the proceedings in Crime No. 20 of 2020 on the file of the Station House Officer, CID Police Station, Mangalagiri, Guntur District, Andhra Pradesh.
2. The petitioner is the Managing Director of "Object One Information Systems Limited" and the said company was incorporated under the Companies Act in 1999. ""Telugu One.com"" is one of the Digital Media Division of "Object One". The primary objective of ""Telugu One.com"" is to disseminate and enrichment of information relating to Telugu Language, Culture, Traditions, Literature and Entertainment and News across the world and the "Telugu One.com" is so popular across the world amongst telugu speaking people. The "Telugu One.com" is functioning right from 1999 and it has got 10 million viewers and it has branches across India as well as in U.S.A. There are approximately 150 employees working in the company and "Telugu One.com" is committed to spread Telugu Language as well as to entertain Telugu Speaking People across the world. News component is a smaller component in the entire "Telugu One.com" and its primary objective is entertainment and spreading of Telugu Literature. Since 1999 there was no comment on the "Objective One Information Systems Limited" as well as "Telugu One.com".
3. Unfortunately respondent No. 4 lodged a complaint on 29.04.2020 to Additional Director General of Police, CID, Andhra Pradesh alleging that while he was watching Telugu One Channel in Youtube, he noticed false and fabricated audio clip is being circulating in social media against the Hon'ble Chief Minister of Andhra Pradesh and he further alleged that the said news item was posted for the purpose of causing annoyance, inconvenience, anger, insult, injury, criminal intimidation, hatred, ill will against the Government and the Hon'ble Chief Minister and the same has created panic in the minds of people of Andhra Pradesh that Andhra Pradesh is unsafe during Carona Pandamic. It was further alleged that the fabricated audio clip is appearing in multiple platforms like whatsapp, twitter, face book, tick talk, youtube and help app, to mislead the public and make them nurse ill will, hatred against YS Jagan Mohan Reddy, his family, A.P. Government and Y.S.R. Congress Party. Respondent No. 4 enclosed the voice clip in a pen drive to the complaint and requested to take action.
4. Respondent No. 3 registered the said complaint as a case in Crime No. 20 of 2020 for the offences punishable under Sections 188, 505 (2), and 506 of I.P.C. and Section 54 of the Disaster Management Act, 2005, issued F.I.R. The petitioner filed anticipatory bail application in Criminal Application No. 1847 of 2020 and the same was disposed of by this Court by order dated 07.05.2020 directing respondent No. 3 to follow guidelines in "Arnesh Kumar v. State of Bihar (2014) 8 SCC 273 : (AIR 2014 SC 2756)" and also the procedure contemplated under Section 41 (A) of Cr.P.C.
5. The petitioner was shown as accused No. 1 in the above case and respondent No. 3 is taking all steps to cook up false evidence under the guise of the aforesaid complaint without there being any nexus or role played by him. The petitioner contended that the very registration of crime against him is arbitrary, illegal and against the fundamental rights
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