HIGH COURT OF MADRAS
Hon`ble Ms Justice R.N. MANJULA
M.KAMAL BASHA – Appellant
Versus
THE STATE REP BY – Respondent
O R D E R
This Criminal Original Petition has been filed to call for the records and quash the FIR in Cr.No.95 of 2020 on the file of the Thirupathur Town Police Station, Vellore.
2. Heard Mr. N.A.Nissar Ahmed, learned counsel for the petitioner and Mr.A.Damodaran, learned Additional Public Prosecutor appearing for the first respondent.
3. The case of the prosecution is that the petitioner who is an EX-MC of DMK political party is spreading false news against the Muslim community through Whatsapp and is acting as a henchman of AIADMK political party and thereby threatening the second respondent and his family. On the above said allegation, a case has been registered against the petitioner under Sections
153 A, 505(1)(a) I.P.C.
4. The learned counsel for the petitioner submitted that the case has been registered against the petitioner under Sections 505(1)(a) and 153 A I.P.C.; the petitioner is an EX- MC of DMK political who had just forwarded the message only through his Whatsapp account; therefore, the above action will not attract the offence committed by the petitioner.
5. Though it is stated in the complaint that the accused involved in spreading rumours about Muslim community, no de
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