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 Sections 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 observance of SOP for COVID-19.

2. The Director, Prohibition & Excise, Hyderabad, shall take necessary action in the matter, accordingly.”

12.

LW.5 Investigating Officer collected the certificate under Section 65(B)(4)(c) of the Indian Evidence Act, 1872 from respondent No.2. He has