THE HONOURABLE SMT. JUSTICE K. SUJANA CRIMINAL PETITION No.6056 OF 2025

ORDER:

This criminal petition is filed by the petitioner-accused seeking the Court to quash the proceedings against the petitioner in Cr.No.68 of 2024 of Film Nagar Police Station, Hyderabad. The offences alleged against the petitioner are under Section 420, 379 of Indian Penal Code (for short ‘IPC’) and under Section 67 of Information and Technology Act, 2008 (for short ‘I.T.Act’).

2. The facts of the case are that the defacto-complainant-2^nd respondent lodged a complaint before the police stating that the petitioner herein committed theft, cheating, criminal conspiracy, defamation, mischief and nuisance by stealing chocolates, making video of the same without any authority to tarnish the brand name of D-Mart of Avenue Supermarkets Limited and circulated the same in social media platform Instagram, thereby committed the offences which are punishable under the provisions of IPC and I.T.Act. It is also alleged that the petitioner herein uploaded a video in Instagram stating that how to steal and eat chocolates in D-Mart without being caught. In such act of theft, petitioner and his accomplis have recorded despite video being prohibited inside the store and that they have put up display board at prominent place of their store for intimation of customers and photographs of the same are also filed along with the complaint. As such requested the police to take necessary action against the accused. Basing on the said complaint the police registered the case against the accused for the above offences.

3. Heard Sri S.M.Subhani, learned counsel for the petitioner and Sri M.Vivekananda Reddy, learned Assistant Public Prosecutor appearing for the respondent-State. Even though notice is served on 2^nd respondent none appeared on his behalf.

4. The contention of the learned counsel for the petitioner is that the allegations made in the complaint prima-facie does not make out any case against the accused. Registration of FIR is nothing but abuse of process of law. The complainant has not furnished any particulars as to when and at what time the incident occurred, except basing on the social media posting and the reasons narrated in the complaint are vague, not based on any evidence generated from their store, but it is only on the basis of uploading the incident in social media and police registered case mechanically without any investigation. He further contended that petitioner is pursuing his under graduation without any criminal background, but unfortunately for this trivial issue, he was halted for severe sections of IPC and all the allegations are false, vague and vexatious. As such continuation of proceedings against the petitioner is nothing but abuse of process of law and requested the Court to quash the proceedings against the petitioner.

5. On the other hand, learned Assistant Public Prosecutor would submit that there are clear allegations against this petitioner that he has uploaded a video how to eat chocolates without paying money which itself shows that he committed theft of chocolates which requires investigation and the case is at the FIR stage. As such, requested the Court to dismiss this petition.

6. Considering the submissions made by both the counsel and the material on record the allegations against the petitioner is that he posted a video how to eat chocolates in D-Mart without paying money, which was noticed by the authorities of D-Mart in the Instagram reel, but, there is no information in the complaint about the date of incident. The sum and substance of the complaint of the authorities is that petitioner committed theft of chocolates but they have not mentioned the value of chocolates which shows that it is trivial in nature and there are no averments to constitute the offence under Section 420 of IPC and Section 67 of I.T.Act. Except stating that petitioner ate chocolates without paying money, made a video reel and posted in the Instagram. There