The absence of specific allegations in a defamation complaint and unexplained delays in filing can warrant quashing of proceedings as abuses of process of law.

ORDER :

1. This Criminal Petition is filed with the following prayer:

“Pleased to quash the proceedings culminated by the cognizance order dated 21.12.2021 in C.C.No.2426 of 2021 on the file of Hon’ble II Addl. Judicial Magistrate of First Class, at Nizamabad now C.C.No.5 of 2025 on the file of Hon’ble Special Judicial First Class Magistrate for Excise Cases, at Manoranjan Court Complex, Hyderabad, against the petitioners herein and pass such other orders as this Hon’ble court deems fit and proper in the interest of the Justice.”

2. Heard Mr. T.Srujan Kumar Reddy, learned counsel for petitioners/accused Nos.2, 3, 4 & 5 and Mr. E.Ganesh, learned Assistant Public Prosecutor for respondents.

3. A Telugu written complaint dated 09.10.2017 (at Page No.31) came to be lodged in the rural police station, Nizamabad. It is case of the complainant that he is the Deputy General Manager of Venkata Sai Entertainment Pvt. Ltd. Channels named Media Vision, K6, Roshan News, are under his supervision. That Dr. R.Bhupathi Reddy (MLC), one Kanchetty Gangadharn of Mittapalli, Darpalli Sarpanch Gangadhar and others prepared a message (drafted), to disrepute the complainant personally and also to lower his uncle’s image (MLA of Nizamabad Rural Baji Reddy Govardhan). The local MLC posted the message on 07.10.2017 in WhatsApp groups (TRS MP group, TRS Party Nizamabad group and various Reddy groups):

(i) In the complaint, it is stated that under the caption “Nizamabad rural Bajireddy Govardhan and Vaari Alludu Pintu intinti vasool rajakiyam” the message was posted in WhatsApp groups. It is further reflected in the complaint that the WhatsApp message forwarded in the groups also had the message that, “complainant himself, his uncle (MLA) and his son were collecting Rs.30/-, Rs.20/- from every house as rowdy mamool from Media Management in the Constituency, by threatening the management, thus, affecting business prospects and sending a wrong message to the public”.

(ii) It is further stated that MLC and his followers (Dhoosgaam Chander Naik, Dr. Shadullah of Dichpalli, Keshapur Rajireddy and others) on 09.10.2017 at 12.00 hours gave a press conference in R&B guesthouse by leveling wrong allegations against me, my uncle (MLA), his son (Bajireddy Jagan) and thus disreputed our entire family, hence, have caused defamation (paruvu bhangam chesinaru) and also caused mental harassment by hatching a plot to disrepute, hence, the complaint.

(iii) On the basis of the complaint, an entry was made in the general diary, the petition was forwarded to the II Additional JFCM Court, Nizamabad on 17.10.2017, permission was obtained to register a case and crime No.280 of 2017 under Sections 504 and 506 of IPC came to be registered and investigation was taken up. Charge sheet is dated 09.11.2021. Charge sheet speaks in the same words as that of complaint. Perused the statements of witnesses examined by the Police under Section 161 Cr.P.C.

4. It is submitted by the learned counsel for petitioners/accused that the ingredients of the Sections are not made out on a perusal of the complaint. That, there is no specific allegation as to who actually posted the message in the group. It is further submitted that there is a delay in lodging the complaint, and the delay in forwarding the complaint by the Police also cannot be ignored. It is also contended that if the ingredients of the Sections are not forthcoming from the complaint, it would be an abuse of process of law, if proceedings are allowed to continue.

5. Learned counsel for petitioners/accused Nos.2 to 5 invited the attention of this