ORDER:

This Criminal Petition is filed by the petitioners/accused Nos.1 and 2 to quash the proceedings initiated against them in C.C.No.44 of 2021 on the file of I Additional Judicial Magistrate of First Class at Jagtial.

2. Heard Sri N.Krishna Sumanth, learned counsel for the petitioners/accused Nos.1 and 2 and Sri Anil Kumar Dodla, learned Additional Public Prosecutor appearing for respondent No.1/State. Despite service of notice, none appeared on behalf of respondent No.2/complainant.

3. The brief facts of the case are that respondent No.2/ defacto complainant lodged a report on 22.07.2020 against the petitioners/accused Nos.1 and 2 stating that on 21.07.2020 at about 13.00 hours in the night, while respondent No.2 was going through whatsapp scenes, he observed that petitioner No.1 uploaded a posting stating that owner of a popular bakery situated at bypasss road on Jagtial town is infected with corona virus and another person i.e. petitioner No.2 uploaded a similar post through “Sameera Channel” of whatsapp group. Thus, the petitioners have wilfully with an intention to defame the business of the complainant published fake news in the social media. Basing on the said complaint, the police have registered FIR No.389 of 2020, Jagtial Town Police Station, Jagtial, for the offences punishable under Sections 188, 504, 506 (II) read with 34 IPC and Section 67 (A) of IT Act and Section 54 of Disaster Management and took up investigation. After completion of investigation, the Police filed charge sheet against the petitioners/accused Nos.1 and 2 for the said offences and the same was numbered as C.C.No.44 of 2021 on the file of I Additional Judicial Magistrate of First Class at Jagtial seeking to quash the said proceedings, the petitioners have filed the present Criminal Petition.

4. Learned counsel for the petitioners submitted that there are no specific overacts alleged against the petitioners and the allegations made are only omnibus in nature. During the course of investigation, the police have taken the screen shots of the whatsapp messages from the petitioners mobile, the contents of which do not constitute any offence as there are no messages sent by the petitioners herein to attract the alleged offences. Petitioner No.1 in the whatsapp group sent a message stating that the workers in hotels and bakeries are infected by Carona virus and if the same is correct, the Government has to take steps to close the hotels and bakeries and caution the public to stay away from outside food. The same message was forwarded by petitioner No.2 in another whatsapp channel i.e. Sameera Channel. Further, the offence punishable under Section 504 of IPC does not attract for the reason that there is no allegation that the petitioners have caused disturbance in maintaining the peace and harmony within the society. He further submitted that the offence punishable under Section 506 (II) of IPC does not attract for the reason that there is no allegation that the petitioners have committed criminal intimidation against respondent No.2 and the offence punishable under Section 67 of IT Act also does not attract for the reason that the message transmitted by the petitioners does not contain sexually explicit act or conduct and the offence punishable under Section 54 of Disaster Management Act does not attract against the petitioners for the reason that there is no allegation in the entire charge sheet. The petitioners have circulated false message in the whatsapp group. The message sent by the petitioners have circulated false message in the whatsapp group. The message sent by the petitioners in whatsapp does not disclose that the petitioners have circulated false message. The offence under Section 188 of IPC is not maintainable in view of the bar under Section 195(a) (1) of Cr.P.C. and thus continuation of criminal proceedings against the petitioners is nothing but an abuse of the process of law and liable to be quashed.

A bare reading of the message cir