THE HON’BLE SMT. JUSTICE TIRUMALA DEVI EADA CRIMINAL PETITION No.10679 of 2025

ORDER

This Criminal Petition is filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) by the petitioner/accused seeking to quash the proceedings against him in Crime No.507 of 2025 on the file of Borabanda Police Station, Hyderabad, for the alleged offences punishable under Sections 196 and 299 of the Bharatiya Nyaya Sanhita, 2023 (for short ‘BNS’).

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

3. Learned counsel for the petitioner submitted that the petitioner is an advocate and the counsel on record for Smt. Challa Gayathridevi. He contended that the petitioner has not committed any of the alleged offences and has neither provoked anyone nor attempted to create any difference between two communities. In support of his contention, he relied upon the judgment of the Hon’ble Supreme Court in State of Haryana and Ors vs. Ch. Bhajan Lal and Ors wherein the scope of the High Court’s inherent powers under Section 482 of the Code of Criminal Procedure was discussed. Hence, he prayed the Court to quash the proceedings against him.

4. On the other hand, learned Additional Public Prosecutor opposed the submissions of the learned counsel for the petitioner stating that there are specific allegations against the petitioner.

Hence, he prayed to the Court to dismiss the petition.

5. Upon Perusal of the record, it reveals that there are prima facie allegations levelled against the petitioner. It is alleged that the petitioner had posted certain messages on social media, including statements such as “Hindu Tigress fighting for her constitutional right (V1), Muslim threatening a Hindu, go give complaint in PS(V2)”. These messages are cited to support the allegations against the petitioner that they tend to provoke hatred between two groups.

6. The learned Additional Public Prosecutor placed reliance on the judgment of the Hon’ble Supreme Court in Kishor vs. State of Maharashtra and another, 2023 scc online Bom 1515. In that case, it was contended by the learned counsel for the petitioner that the petitioner had no intention to outrage the religious feelings of any class or group, and that the WhatsApp status in question could

only be viewed by individuals who had saved the applicant’s contact number, thereby indicating a limited circulation. In the said case, it was contended by the learned counsel for the petitioner that the petitioner had no intention to outrage the feelings of any particular class by displaying the said WhatsApp status. He further submitted that the status could be viewed only by persons who had saved the applicant’s mobile number, thereby indicating limited circulation, and hence, there was no intention to hurt the sentiments of any specific group. However, the Hon’ble High Court of Bombay, while rejecting the petition under Section 482 Cr.P.C., observed as follows:

“The very purpose of WhatsApp status is to convey something to one’s 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 crave support. Nowadays, people frequently check WhatsApp statuses. One must behave with a sense of responsibility while communicating with others. The applicant cannot shirk his primary responsibility by merely claiming limited circulation. There is no justification for the applicant to display such a kind of status.”

7. With the above observations, the High Court dismissed the quash petition. The facts and circumstances of the present case are squarely covered by the ratio laid down in the aforesaid judgment.

8. Therefore, in view of the facts and circumstances of the case, this Court is of the opinion that the petition lacks merit and is liable to be dismissed.

9. Accordingly, the criminal petition is dismissed.

10. As a sequel, t