THE HON’BLE SMT. JUSTICE TIRUMALA DEVI EADA CRIMINAL PETITION No.11249 OF 2025

ORDER:

This Criminal Petition is filed by the petitioner – accused seeking to quash the proceedings in FIR No.317 of 2025 on the file of P.S. Manuguru, Bhadradri Kothagudem, registered for the offences under Sections 296(b), 352, 353(2) of The Bharatiya Nyaya Sanhita, 2023 (for short “BNS, 2023”).

2. Heard the submissions of Sri B. Venkata Rama Naidu, learned counsel for the petitioner and Sri Jithender Rao Veeramalla, learned Additional Public Prosecutor for respondent No.1 – State.

3. The learned petitioner counsel has submitted that the allegation against the petitioner is that he has posted a message insulting the Local MLA is false and that he shared a fact on his Face Book and hence, the allegations do not attract any offence as alleged by the de-facto complainant. He further submitted that there are omnibus allegations and that the allegations do not point out any harm caused to the reputation of the specific individual. Therefore, he prayed to quash the proceedings against the petitioner.

4. The learned Additional Public Prosecutor has submitted that the petitioner is alleged to have posted message in Facebook which is a prominent Social Media and the message so posted is aimed at damaging the reputation of Local MLA. Therefore, the petition lacks merits and hence, he prayed to dismiss the petition.

5. Perused the record.

6. The contents of the complaint point out that the petitioner has posted messages on Facebook against a Local MLA. It is alleged that the petitioner has posted objectionable messages in the Facebook targeting MLA and defaming him in the society.

7. In Kishor v. State of Maharashtra, 2023 SCC OnLine Bom 1515, it was held that the very purpose of WhatsApp status is to convey something to his contacts. It is nothing but a mode of communication with known persons. One puts up the status in order to get a reaction and most of them crave for support. Now a days, the people are checking WhatsApp status now and then. One should behave with sense of responsibility while communicating something to others. The applicant cannot shed his primacy responsibility by saying about its limited circulation. There is no justification for the applicant to display such kind of status.

Contents of FIR prim a facie, discloses applicant's deliberate and malicious intention to insult the feeling of a group.

8. The above cited decision is squarely applicable to the case on hand. Face Book is also a prominent social media and thus, the petitioner is not justified in posting objectionable messages in the Face Book. In view of the above held discussion and in light of the above cited decision, it is not proper to quash the proceedings against the petitioner and hence, the petition is liable to be dismissed.

9. In the result, the Criminal Petition is dismissed.

Miscellaneous applications pending, if any, shall stand closed.

____________________________ JUSTICE TIRUMALA DEVI EADA Date: 12.09.2025 ds