ORDER :

1. The petitioner herein in W.P.(Cr.)No.251/2020 seeks quashment of FIR No.192/2020 (Annexure P-2) registered in Police Station Bhilai Nagar, District Durg on 11-5-2020 at 7.29 p.m. for the offences punishable under Sections 499, 500, 501 & 505(1) of the IPC. Likewise, he also seeks quashment of FIR No.200/2020 (Annexure P-1) registered at Police Station Civil Lines, Raipur on 11-5-2020 at 7.31 p.m. for the offences punishable under Sections 153A, 298 & 505(2) of the IPC.

2. The petitioner herein in W.P.(Cr.)No.279/2020 seeks quashment of FIR No.102/2020 (Annexure P-1) registered at Police Station Bhanupratappur, District Kanker on 24-5-2020 for the offences punishable under Sections 153A, 505 of the IPC and Section 66 of the Information Technology Act, 2000.

3. Since common question of fact and law is involved in both the writ petitions, they were clubbed and heard together and are being disposed of by this common order.

Brief facts: -

4. Quashing of aforesaid FIRs in the two writ petitions has been sought in the following factual score: -

W.P.(Cr.)No.251/2020

5. The petitioner is a doctor by profession and presently, he is also discharging his duties as a National Spokesperson of a political party (Bharatiya Janata Party). On 8-5-2020, M.P. Congress made a tweet levelling certain allegations against Government of India for mishandling the outbreak of COVID-19 that has created havoc on the life and property of the people across the globe and they have tweeted that if the Congress Government would have been in power, then it would have handled the situation far better than the current Government and India would have been way ahead in dealing with the situation than other countries of the world. On 9-5-2020, the petitioner through his social media platform, in reply to the said tweet, wittily tweeted a reply depicting an image that if Congress party would have handled this pandemic situation, there would have been corruption on mass scale under different heads. Copy of the tweet which has been filed and enclosed as Annexure P-3 states as under: -

vxj dksjksuk ok;jl dkaxszl ljdkj ds oDr vk;k gksrk

:Œ-5000 djksM +ekLd ?kksVkyk

:Œ-7000 djksM +dksjksuk VsLV fdV ?kksVkyk

:Π20]000 djksM tokgj lSfuVkbtj ?kksVkyk

:Π26]000 djksM + jktho xka/kh ok;jl fjlpZ ?kksVkyk

6. Thereafter, on 10-5-2020, a complaint before the DCP, Shaheed Marg Police Station, New Delhi was filed against the petitioner for registration of offence under Sections 499 & 500 of the IPC for using derogatory remarks against Congress party and its leaders. The petitioner, while replying a tweet where the images of said complaint were shared by ZEE Rajasthan’s official tweeter handle, again tweeted vide Annexure P-4 as under: -

usg: vkSj jktho dks Hkz"V dgus is --dkaxszfl;ksa us complain fd;k gS ..teacher ls --vHkh rks vkSj tyhy gksuk ckdh gS

usg: us rks d'ehj leL;k dks Hkh tUe fn;k --u gksrs usg: u gksrk d'ehj leL;k

jktho xka/kh us rks cksQ+kslZ dh pksjh dh vkSj 3000 fl[kksa dk d+Ry Hkh djk;k tkvks vkSj dEIysu djks

7. In consequence of the above-stated two tweets made by the petitioner expressed through social media platform, two FIRs came to be registered; firstly FIR No.192/2020 (Annexure P-2) on 11-5-2020 at 7.29 p.m. for offences punishable under Sections 499, 500, 501 & 505(1) of the IPC by respondent No.7 Ankush Pillai claiming to be the District President of Indian National Congress for making derogatory remarks against its top leaders. Similarly, thereafter, immediately on the same day (11-5-2020) at 7.31 p.m. another FIR No.200/2020 (Annexure P-1) was also lodged against the petitioner by respondent No.4 Purna Chandra Padhi at Police Station Civil Lines, Raipur for the offences punishable under Sections 153A, 298 & 505(2) of the IPC. Pursuant to that, wheels of investigation started running and by notice dated 2-6-2020 (Annexure P-5) issued under Section 91 of the Code of Criminal Procedure, 1973 by the Station House Officer, Police Station Civil Lines, Raipur,