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2024 Supreme(Online)(Tel) 41360
IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
Smt.B.Rachna Reddy, J
Mr.Rahul Yerramreddy – Appellant
Versus
State – Respondent
Criminal Petition | C.C. No.355 of 2022
For the Appellants/Petitioners: Smt.B.Rachna Reddy
For the Respondents: Mr.Syed Yasar Mamoon
The court found sufficient prima facie evidence to sustain charges under IPC and IT Act against the petitioner for morphing a cartoon and posting it on social media, which allegedly promoted enmity and disturbed public order.
Headnote:(A) Indian Penal Code, 1860 - Sections 504, 505(2), 153A - Information Technology Act, 2000 - Section 67 - Criminal petition to quash proceedings for alleged offences of intentional insult, promoting enmity, and publishing obscene material - Petitioner morphed a cartoon of the Chief Minister and posted it on social media, allegedly creating enmity and disturbing public order - The court found prima facie ingredients of the offences established. (Paras 3, 4, 15, 44, 49)
(B) Quashing of proceedings - The court emphasized that the power to quash should be exercised sparingly and only in rare cases where allegations do not constitute an offence. (Paras 45, 46)
Facts of the case:
The petitioner, a Member of Parliament, was accused of morphing a cartoon of the Chief Minister and posting it on social media, allegedly promoting enmity and disturbing peace. Complaints were lodged by party members citing the derogatory nature of the post.
Findings of Court:
The court found that the charge sheet contained sufficient prima facie evidence to sustain the allegations against the petitioner under the relevant sections of law.
Issues: The primary issue was whether the posted content constituted an offence under the cited sections of IPC and IT Act.
Ratio Decidendi: The court held that the content posted by the petitioner prima facie constituted offences under Sections 504, 505(2) and 153A of IPC and Section 67 of IT Act, emphasizing the need for careful consideration of public order and harmony in the State.
Result: Criminal petition dismissed.
| Table of Content |
|---|
| 1. factual background of the case. (Para 2 , 3 , 4 , 5 , 6 , 7 , 8 , 9 , 10) |
| 2. details of the morphed cartoon and its implications. (Para 14 , 15 , 21 , 24 , 25) |
| 3. arguments of the petitioner and prosecution. (Para 16 , 17 , 18 , 19) |
| 4. court's reasoning on the alleged offences. (Para 26 , 41 , 42 , 43 , 44) |
| 5. court's caution on quashing proceedings. (Para 45 , 46 , 47 , 48) |
| 6. final conclusion and order. (Para 50) |
ORDER
Heard Smt.B.Rachna Reddy, learned Senior Counsel representing Mr.Rahul Yerramreddy, learned counsel for the petitioner and Mr.Syed Yasar Mamoon, Additional Public Prosecutor appearing on behalf of respondent No.1 - State.
2. This Criminal Petition is filed under Section - 482 of the Code of Criminal Procedure, 1973 , to quash the proceedings in C.C. No.355 of 2022 pending on the file of Special Judicial Magistrate of the First Class at Hyderabad.
3. The petitioner herein is arraigned as sole accused in the said case. The offences alleged against him are under Section s 504 , 505(2) and 153A of the Indian Penal Code, 1860 (for short ‘ IPC ’) and Section 67 of the Information Technology Act, 2000 (for Short ‘IT Act’).
4. In the complaint of respondent No.2, the allegations leveled against the petitioner are as follows: Respondent No.2 is the Social Media Convener of Bharat Rashtra Samithi Party (BRS Party), BRS Party Office at Banjara Hills and he is a resident of Bandlaguda, Nagole, Hyderabad. He found the petitioner morphed the cartoon of Mr.Kalvakuntla Chandrasekhar Rao, the then Chief Minister of Telangana State, originally created by cartoonist Mrutyunjay, while he was working at his office. The same was posted and published by the petitioner in his social media account i.e., Facebook, which creates ruckus and promoting enmity between different groups and an imbalance in the harmony of the peaceful state.
5. Respondent No.2 lodged a complaint before P.S. Vanasthalipuram, who in-turn, transferred the same to P.S.Banjara Hills on the point of jurisdiction.
6. During the course of investigation, the Investigating Officer recorded the statement of respondent No.2 as LW.1. LWs.2 and 3 are circumstantial witnesses. LW.4 is the Inspector of Police, P.S.Vanasthalipuram, who registered Zero First Information Report (FIR). LWs.5, 6 and 7 are the Investigating Officers.
7. Respondent No.2-LW.1 specifically stated before the Investigating Officer that the petitioner intentionally posted the said message which disturbed the law and order and also the feelings of the people of Telangana.
8. LW.2 is the friend of LW.1 and he also specifically stated that he came to know about the message posted by the petitioner in his facebook account through LW.1. He has gone through the said message and it is abusive and defaming the then Chief Minister. It dents the feelings of the party workers and fans of the Chief Minister. It also disturbs the law and order in the State.
9. LW.3 is also another friend of respondent No.2 and he also spoke in the very same lines as spoken by LW.2.
10. LW.4, who received complaint from respondent No.2, registered Zero FIR and the same was transferred to P.S.Banjara Hills on the point of jurisdiction.
11. The Investigating Officer also considered the memo dated 28.12.2021 issued by the Chief Secretary, it is relevant and it is extracted below:
“ In the circumstances reported by the Director, Prohibition & Excise, Hyderabad in the reference cited, Government, after careful consideration of the matter, hereby accord permission to the Director, Prohibition & Excise, Hyderabad, to permit the license holders of 2B (Bars), C1 Licensees (In-House) EP1 licensees (Event permit) and TD1 (In-House) licensees of Tourism Development Corporation to serve liquor up to 1.00 A.M on the intervening night of 31 December, 2021 and 1 January, 2022 end to keep A4 licenses (Retail Shops) open up to 12.00 midnight of 31.12.2021 on the eve of New Year's day celebrations in relaxation of the rules in Vogue, subject to obse
