High Court · 2025

The State of Telangana' Rep by its Public Prosecutor' High Court Buildings' K Ravi Kumar, lnspector of Police' Nalgonda I town PS' Hyderabad. . "RESPONDENT/PROSECUTION petition under section 482 0f cr.p.c playlns that in the circumstances stated in the Memorand""orL?ti-to' of Criminil Petition' the High Court may be oteased to ca, for rn" ,"Jriri"iri*s t" pr?"?,:l;; in cc'No' 1225 of 2020 illagistrate of First class at .,n ihe fir" of the The Lr"t?Ci"il'Lrdge.--cum-Judiciai ii"'g"""i;l;o quash the same as illesal' r.A. NO :1 OF 2021 Petition under Section 482 of C .trtea'in ifre Memorandum of Grounds i'Ji"r."o i" stay of all further proceed 6irii' Lra.o"i"rm-iudicial Magistrate of Jpp"r-runt" of the Petitioners/Accused to pass "* iJ"i t[:'{Hii :f &, $!::i3 Jlil "i,,1! ,It""r"'CCr.r". tzzs ot 2020 of the Junior 'iY;i d;t "t Nalsonda includins the , p""Oi"g disposal oi Criminal petition or ThisPetitioncomingonforhearing,uponperusingtheMemorandumof Grounds of Criminal petiion and upon hearing the arguments of Sri KIRAN PALAKURTHI ,Advocate for the Petitioner and Mr'M Vivekananda Reddy' Public Prosecutor on behalf of the Respondent No'1 and none appeared for the ResPond.ent No.2 ' The Court made the following: ORDER THE HONOURABLE SRI JUSTICE K.SURENDER cRIMINAL PETITION No. l58I oF 2o27 ORD ER: This criminal petition is filed undei Secti on 4g2 of Criminal procedure Code, seeking quashment of proceedings in CC No. l22S of 2O2O, pending on the file of the Junior Civil Judge _cum_ Judicial Magistrate of First class at Nargonda, against the petitioner-accused No.5. 2 Heard Mr.Kiran palakurthi, learned counsel appearing for the petitioner and Mr.M.Vivekalalda Reddy, learned Assistant public prosecutor, appearing for respondent No.1_ State and perused the record.

3. The Sub-Inspector of police_K.Ravi Kumar-respondent No.2 lodged a compiaint stating that accused No. 1 posted two photographs of a person and the severed head of a humarr. The photos were posted on Facebook with the tag "SHER A TIPU". According to the complaint, the photographs belongs to a person named Mosin, who is an accused in a murder case, and the head portion is that of one Ramesh. 2

4. According to the complainant' ttre said photos were viewed by several people' and this petitioner had liked the posts. In the said circumstances' the petitioner was added as ar accused, a-Iong with others' for the offences under Sections 153-A, 2g5-A' 504' 505 and 506 read with Sectron 109 of Indian Penal Code' 1860 and Section 7(1) of Criminal Law (Amendment) Act, 1932'

5. Learned counsel appearing for the petitioner would submit that the 'like' on the Facebook account by the petitioner wiII not amount to arry of the offences as alleged by the prosecution' Learned counsel appearing for the petitioner relied on the judgment of the Honble Supreme CourtinMahendrasinghDhoniu.Yerraguntlo Shgamsundcrr and anothe6 wherein was stated as follows: '.. . 13. Before parting uith the case' tte utould Like to sounrT a uord of caution thot the Magistrates uho tutue been anfered' uith the potuer of taking cognizance and bsuing summon's are required to carefutlg scrutinize u-tletler the atlegations mad'e in the conplaint proceeding meet the basic ingredients of the offence; -uLhetler the concept of tenitoial jurisdbtion is satisfied; antJ further uhettler the acansed- is reallg required to be w 3 summoned. This hes to be treated. as the primary judicial responsibilitg of the court issuing process,,.

6. On the other hald, the learned Assistant public Prosecutor would submit that the petitioner had liked a post on Facebook, which depicted a person who had committed the murder of another.

7. To attract arr offence under Section 295-.t of IpC, there should be a deliberate and ma_licious act intended to outrage the religious feelings of any class of citizens by insulting their religion or religious beliefs. Merely liking a post would not amount to any of the acts punishable under Section 295-A of IpC. Further, there is no threat tnade by the petitioner to infer the offence under Sections 5O4, 505 and 506 read with Section 109 of IpC. B. To attract an offence under Section 153_4 of ipC, the person should have promoted enmitJr between different groups, specifically on the grounds of religion, race, place of birth, residence, language, caste, or any other factor. It arso penalizes actions that are prejudicial to the maintenance of harmony. 1 4 g. No such acts are attributed in this petition' The only allegation, as a'lread'y discussed' is that the petitioner liked the comment which was posted by accused No'l' None of the ingredients on the alleged offences- have made out against the petitioner' Accordingly' the proceedings against the petitioner in CC No'1225 of 2O2O' pending on the file of theJuniorCivilJudge-cum-JudicialMagistrateofFirst Class at Nalgonda, against the petitioner-accused No'5' are quashed.

10. As a result, the criminal petition is allowed' Asa sequel, miscellaneous petitions if any' stands closed SD/. T.TIRUMALA DEVI DEPUTY REGISTRAR NOTE: This order is amended as per the Court order daled 18-07-2025 passed in I'A No.1 oI2025 ' in" nrr" of the Court is mentioned in the order irLJ 'tu-or-2025 in crl.P No' 15Bl of 2021 the name of Court has been mentioned as "The Special Judicial Magistrate of First Class ( ior" prniUition and Excise Offences) at Nalgonda" is as "Junior Civil Judge-cum- Judicial Magistrate "orr""t"O of First Class, at Nalgonda"' This amended order substitutes the earlier order despatched on 30-06-2025 lssue amended order accordinglY //TRUE COPY// SD/. T.TIRUMALA DEVI DEPUW REGISTRAR SECTION OFFICER To,

1. The Junior Civil Judge-cum-Judicial Magistrate of First Class at Nalgonda \ I IVasistrate of First class (For Proh and Excise offences) ' ]ifti$:iH:icial 3. The Judicial First Class Magistrate at Nalgonda. 4. The Station House Officer, Nalgonda I town police Station, Nalgonda. 5. One CC to SRt KTRAN PALAKURTHI, Advocate [OpUC] 6 Two ccs to the pubric prosecutor, High court for the State of retangana at 7. Two CD Copies Hyderabad (OUT) RAS/gh ry, HIGH COURT DATED:16/0 4t 2025 07t2025 18t \ AMENDED ORDER CRLP.No.1SB1 ot 2021 i /.- )\' i i;- S ]A ,e 1 0 sEP 2025 J. Ot : .!n.l .,,, i \ r\, f ! CRIMINAL PETITION IS ALLOWED 10t o'5 g