O R D E R

This petition has been filed to quash the proceedings in C.C.No.2157 of 2020 on the file of the Judicial Magistrate – I, Coimbatore.

2. On the complaint lodged by the second respondent / defacto complainant, the respondent police had registered FIR in Crime No.654 of 2020 for the offences under Sections 188, 505(1)(b) of IPC and 3 of the Epidemic Diseases Act, 1897 for allegedly disobeying the regulations by causing publications in a news website viz., “SimpliCity” about the protest by medical students and trainee Doctors at Coimbatore Medical College Hospital over lack of food and complaints from the residents of Coimbatore, over pilferage in ration shops during the lockdown. After completion of investigation, the first respondent police had filed a final report and the same has been taken cognizance in C.C.No.2157 of 2020 on the file of the I Judicial Magistrate, Coimbatore.

3. The articles published in the news website “SimpliCity” reads as under:-

The First Article:-

“ No timely and adequate food, allege UG and PG student Doctors at CMCH Hostel” (http://simplicity.in/coimbatore/english/news/64010/ food)-published on 14.04.2020, covered a protest by medical students and trainee doctors at the Coimbatore Medical College Hospital over lack of food.”

The Second Article:-

“Looting at rations shops during lockdown, govt's grant of Rs.1000 swindled, lament public” (h ttp://simplicity.in/coimbatore/english/news/64144/) published on 18.04.2020 covered complaints from the residents of Coimbatore over pilferage in ration shops during the lockdown.”

4. There are two accused in which the petitioners / A1 & A2 are the husband and wife and being journalists, they have published the news in their website. In order to attract the offences under Section 505(1)(b) of IPC, there must be an intention to incite public mischief and mutiny among others.

5. Section 505(1)(b) of IPC reads as under:-

“ 505 ...

(a) ...

(b) with intent to cause, or which is likely to cause, fear or alarm to the public, or to any section of the public whereby any person may be induced to commit an offence against the State or against the public tranquility;”

6. It is seen from the above news articles that no offence under Section

505(1)(b) is made out. In fact, the FIR has been registered during the COVID-19 lockdown. That apart, there is a bar under Section 196(1) of Cr.P.C from taking cognizance of offence under Section 505(1)(b) of IPC without previous sanction of Government. As per Section 196(1) of Cr.P.C, no Court shall take cognizance without sanction from the Government. The learned counsel for the second respondent has produced the Governmental orders in G.O.Ms.No.572, Public (Law and Order-H) Department dated 07.11.2020 in order to prosecute the petitioner. Though the sanction obtained by the second respondent to prosecute the petitioners as stated above, no ingredients or offence is made out under Section 505(1)(b) of IPC. Now, the petitioners have been charged for the offences under Sections 505(1)(b), 153, 504, 120B of IPC and Sections 3 and 12 of Press and Registration of Books Act, 1867. In order to attract provisions under Section 153 of IPC, wantonly giving provocation with intent to cause riot-if rioting be committed-if not committed.

7. Section 153 of the IPC reads as under:-

“ 153. Wantonly giving provocation with intent to cause riot - if rioting be committed - if not committed - Whoever malignantly, or wantonly, by doing anything which is illegal, gives provocation to any person intending or knowing it to be likely that such provocation will cause the offence of rioting to be committed, shall, if the offence of rioting be committed in consequence of such provocation, be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both; and if the offence of rioting be not committed, with imprisonment of either description for a term which may extend to six months, or with fine, or with both.”

8. Thus,