Madras High Court: In a criminal petition filed by the Former Director General of Police, State of Tamil Nadu under Section 482 of Code of Criminal Procedure, 1973 (‘CrPC’), to call for the records pertaining to FIR for the offences under Section 153, 153-A, 504, 505(1)(b), 505(1)(c), 505(2) of the Penal Code, 1860 (‘IPC’) and Section 66-D of the Information Technology Act 2000 and quash the same, Dr. G. Jayachandran, J. while quashing the FIR, directed the petitioner to forward the affidavit copy to the WhatsApp group and report compliance to the Investigating Office for record purpose.
Background:
The petitioner has forwarded a message in a WhatsApp group, which consist of 73 members, about a statement purported to have been made by M.K.Stalin, the present Chief Minister of Tamil Nadu. In the complaint, it has been stated that the said message forwarded with intention to create enmity and ill will between two groups. The petitioner stated that the message allegedly forwarded by the petitioner was only to an internal WhatsApp group. The complainant was not the recipient of the message. Without acting against the person who has created and circulated the offensive message, the petitioner has been falsely implicated, as if he has sent the message to the group.
Analysis and Decision:
The Court took note of the affidavit filed by the petitioner, wherein he regretted for his conduct, and he has recorded his regards to M.K.Stalin in unequivocal terms. Further, he said he will not subscribe to or endorse the alleged message in any way.
After noting the submissions of the State that if the petitioner honestly regrets for his conduct, then the State will not prosecute against him, provided, the petitioner circulates the copy of his affidavit to the WhatsApp group in which the offensive message was forwarded earlier in his name, the Court quashed the complaint.
Further, the Court directed the petitioner to forward the affidavit copy to the WhatsApp group and report compliance to the Investigating Office for record purpose.
[R.Natraj v. Inspector of Police, 2024 SCC OnLine Mad 3521, decided on 30-07-2024]
Advocates who appeared in this case :
For Petitioner: Senior Counsel B. Kumar
For Respondents: Advocate General P.S. Raman, Additional Public Prosecutor R. Muniyapparaj, Advocate G. Prabhakara
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