Allegations of defamation and nuisance must meet specific criteria under relevant statutes; absence of such specifications permits quashing of criminal charges.

ORDER :

KAUSER EDAPPAGATH, J.

This Crl.M.C. has been filed under Section 482 of Cr.P.C to quash Annexure A1 final report and all further proceedings in C.C.No.281 of 2019 on the files of the Additional Chief Judicial Magistrate Court, Thiruvananthapuram (for short, 'the trial court').

2. The petitioners are accused Nos. 2 and 3. They face indictment for the offences under Sections 120 (o) of the KERALA POLICE ACT , 2011 (for short, 'KP Act') and Section 43 r/w 66 of the Information Technology Act , 2000 (for short, 'the IT Act') on the allegation that they posted a message in a WhatsApp group defaming and insulting the Chief Minister and other Ministers of Kerala.

3. The 1^st accused, the petitioners and the 2^nd respondent are the members of an education society named SAT Health Education Society (SATHHESH) in Medical College Hospital, Thiruvananthapuram. The members of SATHHESH have formed a WhatsApp group, namely “SATHHES PLANET”. The 1^st accused is the administrator; the petitioners and the 2^nd respondent are the members of the said WhatsApp group.

4. The Medical College Police registered a crime against the 1^st accused and the petitioners alleging offence punishable under Section 120 (o) of KP Act based on the complaint given by the Chairman of SATHHESH to the Chief Minister. Annexure A1/15 is the FIR. After investigation, final report was filed before the trial court, incorporating the offence under Section 43 r/w 66 of the IT Act as well, along with Section 120 (o) of the KP Act.

5. The prosecution allegation is that the petitioners and the 1^st accused repeatedly posted messages in the above-mentioned WhatsApp group, which are derogatory and insulting to the Kerala Chief Minister and other Ministers before 26.01.2019

6. The petitioners seek to quash Annexure A1 final report and all further proceedings in C.C.No.281 of 2019 on the ground that the allegations in the final report do not constitute the ingredients to attract the offences alleged. 7. I have heard Sri.Arun B. Varghese, the learned counsel for the petitioners, Sri.Salim.V.S., the learned counsel for the 2^nd respondent and Sri.Sangeetha Raj N.R., the learned Public Prosecutor.

8. The learned counsel for the petitioners submitted that even if the entire allegations in the final report are believed at their face value and accepted in their entirety, they do not prima facie constitute an offence or make out any case against the accused. Per contra, the learned counsel for the 2^nd respondent and the learned Public Prosecutor submitted that the FIR as well as the final report disclose serious allegations, and it is impermissible to quash criminal proceedings under Section 482 of Cr.P.C. when there are serious triable issues. The truthfulness and falsity of allegations are questions of fact and matters of evidence to be considered at the trial and cannot be prejudged at this stage, submitted the counsel.

9. As stated already, the allegation in the final report against the petitioners, in short, is that, they, as members of the WhatsApp group, namely ‘SATHHES PLANET', posted repeated messages which are derogatory and insulting to the Kerala Chief Minister and other Ministers. The petitioners do not dispute the allegation that they had posted messages concerning the Kerala Chief Minister and other Ministers in the WhatsApp group. Their case is that by posting so, no offence is attracted. Initially, the offence under Section 120 (o) of the KP Act alone was charged. Later, in the final report, the offence under Section 43 r/w 66 of the IT Act was also incorporated.

10. Section 120 of the KP Act deals with the penalty for causing nuisance and violation of public order. The heading of the said section itself shows that it de