THE HON'BLE SMT. JUSTICE TIRUMALA DEVI EADA CRIMINAL PETITION No.14257 OF 2025

ORDER:

This Criminal Petition is filed by the petitioner-accused seeking to quash the proceedings against him in C.C.No.1493 of 2024 on the file of learned II Additional Judicial Magistrate of First Class, Huzurabad, registered for the offences under Sections 153A, 189, 504 and 505(2) of I.P.C.

2. Heard Sri Ambala Raju, learned counsel for the petitioner and Sri Jithender Rao Veeramalla, learned Additional Public Prosecutor for respondent No.1-State.

3. Learned counsel for the petitioner submitted that none of the ingredients under Sections 153A, 189, 504 and 505(2) of I.P.C. get attracted against the petitioner herein, even if the contents of the complaint are perused. He further submitted that a co-ordinate bench of this Court in Nalla Balu @ Durgam Shashidhar Goud v. State of Telangana and others, 2025 LawSuit (TS) 223, quashed the proceedings against the petitioners therein by holding that political criticism made in social media cannot be held to be disturbing the peace in the society nor do they aim at promoting hatred between two

groups. He further submitted that another co-ordinate bench of this Court in Crl.P.No.5155 of 2025, dated 18.07.2025, has quashed the proceedings against the petitioner herein and another by holding that except for the allegation that they have shared photos in the WhatsApp group, there is no other material on record. He further submitted that in the present case also, it is only a WhatsApp message that was allegedly circulated by the petitioner herein, which does not constitute any of the offences alleged against the petitioner herein. He, therefore, prayed to quash the proceedings in the present C.C. against the petitioner herein.

4. Learned Additional Public Prosecutor submitted that the petitioner herein abused the police by raising serious allegations against the department, which would demoralize the concerned department. He further submitted that in Nalla Balu @ Durgam Shashidhar Goud’s case (supra) relied on by the learned counsel for the petitioner, the ingredients therein did not attract the offences alleged therein, but in the present case, prima facie case is made out against the petitioner herein. He relied upon Kishor v. State of Maharashtra, 2023 SCC OnLine Bom 1515 and therefore, prayed to dismiss the Criminal Petition.

5. Perused the record.

6. The allegation against the petitioner is that he being a trouble-monger in the society, was involved in certain cases and was remanded in Crime No.33 of 2021, and since the date of registration of the said case, he developed grudge against the de facto complainant, who is a Sub-Inspector of Police, and other police officers and started posting rumors with false stories against the police personnel in WhatsApp groups stating that the police personnel are dishonest, and demoralized the police image in the society. It is alleged that on 13.04.2023, the petitioner circulated a message in the social media and WhatsApp group that the police personnel at Jammikunta Police Station and Ellandakunta Police Station, including the de facto complainant, are corrupt officers and made ‘pinda-pradanam’ to the suspended police constables and celebrated as his festival. It is also alleged that the petitioner has circulated messages that the police personnel are neglecting duties, consuming alcohol and indulging in corrupt activities. The said messages went viral on social media. Thus, the allegations of insulting and provoking the police department by abusive words and bad propaganda make out a prima facie case against the petitioner herein. The social media is a strong mode of communication in the present world. The said messages posted in WhatsApp groups would have an impact on the police department, demoralizing them and that it may even try to provoke hatred against the said department.

7. In Nalla Balu @ Durgam Shashidhar Goud’s case (supra 1), the petition was allowed quashing t