ORDER

This Criminal Original Petition has been filed to quash the FIR in Crime No.39 of 2020 registered on the file of the Ponnamaravathi Police Station, Pudukkottai for the offences under Sections 294(b), 506(i) of IPC and Section 66 of Information Technology Act, 2000.

2. The learned Government Advocate(crl.side) as well as the learned counsel appearing for the defacto complainant would submit that no case for quashing has been made out.

3. The case of the prosecution is that the petitioner who is based in Malaysia had sent a highly offensive message over whatsapp to the defacto complainant's mobile.

4. The only question is whether sending such text will attract the offences mentioned in the FIR. Section 294(b) of IPC will be attracted only if a person to annoyance of others sings, recites or utters any obscene song, ballad or words, in or near any public place. In this case, the petitioner is said to have sent an obscene text to the defacto complainant over whatsapp. Since the offence was not committed in or near any public place, Section

294(b) is not attracted.

5. Section 506(i) of IPC will be attracted, if a person is criminally intimidated. The Hon'ble Madras High Court, in the d