The High Court · 2025

NAGARKURNOOL DISTRICT. Rep. by its Public Prosecutor, High Court, At. Hyderabad.

2. SHIVA RAMAVATH alias @ RAIvIAVATH SHIVA, S/o. Ghansiram, Aged about . 29 Years, Occupation . Environment Engineer at Kalwakurthy Municipality, R/o. Banjara Nagar, Chandampet Mandal, Nalgonda District. PIN -.508258. Ph. No. 81 84893646. .,.RESPONDENT/DEFACTO.COMPLAINANT Petition under Section 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to Quash the Proceedings against the Petitioner/Accused in Crime/ FIR No. 302 of 2025 on the file of P.S. Kalwakurthy, Nagarkurnool District, registered for Offence U/Secs. 305 (e), 352 of B.N.S., Section 3 (1) (0 of SC - ST (POA) Act and Section 66C of l T. Act. ll. To Stay all further proceedings including initiation of any Coercive Steps against the Petitioner/ Accused in Crime/ FIR No. 302 of 2025 of P.S. Kalwakurthy, Nagdrkurnool District, registered for Offence U/Secs. 305 (e), 352 of B.N.S., Section 3 (1) (0 of SC - ST (POA) Act and Section 66C of l.T Act, pending the final disposal of the Criminal Petition. f .A. NO: 2 OF 2025 Petition under Section 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition,the High Court may be pleased to Stay all further proceedings including initiation of any Coercive Steps against the Petitioner/ Accused in Crime/ FIR No. 302 of 2025 of P.S. Kalwakurthy, Nagarkurnool District, registered for Offence U/Secs. 305 (e),352 of B.N.S., Section 3 (1) (r) of SC - ST (POA) Act and Section 66C of l.T. Act, pending the final disposal of the Criminal Petition This Petition coming on for hearing,upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri K KRISHNA SHRAWAN ,Advocate for the Petitioner and Mr V.Jithender Rao Additional Public Prosecutor on behalf of the Respondent No1 . and none appear for the Respondent No2. The Court made the following: ORDER 1 THE HON'BLE SMT. JUSTICE TIRUMALA DEVIEADA CRIMINAL PETITION No.11404 OF 2025 ORDER: This Criminal Petition is filed by the petitioner - accused seeking to quash the proceedings in FIR No.302 of 2025 on the file of P.S. Kalwakurthy, Nagarkurnool District, registered for the offences under Sections 305(e), 352 of The Bharatiya Nyaya Sanhita, 2023 (for short "BNS, 2023") and Sections 3(1)(r) of SC/ST (POA) Act and Section 66C of lT Act, 2008.

2. Heard the submissions of Sri K.Krishna Shrawan, learned counsel for the petitioner and Sri Jithender Rao Veeramalla, learned Additional Public Prosecutor for the respondent No.1 - State.

3. The learned petitioner counsel submitted that the petitioner has not committed any offence as alleged and that he has only mentioned the factual aspect on his whatsapp message and that he has not resorted to any abuse in the name of caste, neither he has humiliated nor he has threatened anyone and has not disturbed any public peace. He further submitted that many newspapers have published the news in this regard that the de facto complainant was I ,.-" 1 removed from service but however, he was taken back and the same thing was shared as a message by him on whatsapp and he never entertained any evil intention or mens rea in posting the said message. The message also does not aim at humiliation in the name of caste. and that the ingredients of theft are nowhere to be seen in the complaint, however, the FIR is registered under Section 305(e) of BNS also, which shows that the complaint has been lodged and the case has been registered with a malafide intention against the petitioner. The learned petitioner counsel relying upon the decision of the Apex Court in Javed Ahmad Hajam y. Sfate of Maharashtral, prayed to quash the proceedings against the petitioner.

4. The learned Additional Public Prosecutor has opposed submitting that the petitioner has gained access to a document, which is a communication between the Commissioner of Municipal Council to the Director of Municipal Administration. lt will be in the official records. The contents of the said letter would reveal that the services of the victim were surrendered to the office of the Commissioner and Director of Municipal Administration, Telangana for a replacement, alleging that there was some inconvenience and '(2024) 4 scc t56 I I I 3 that the victim was raising voice while talking to his superior authorities and he is also instigating the other staff against the authorities. lt is contended by the learned Public Prosecutor that the said letter is an official communication between two authorities and nobody would have access to the said document, that means the petitioner herein has committed theft of the said document. He further argued that the accused has posted the message pointing out certain allegations against the municipal authorities, which provokes hatred against the said authorities. He further submitted that the content of the whatsapp status can be a mode of communication is not tenable and that the applicant cannot shed away his responsibility with the plea of limited circulation and that a responsible citizen cannot post any message as he likes on whatsapp which is prone to wide circulation and demoralize anyone with that message. He further has opposed to the decision relied upon by the petitioner counsel and he relied upon the decision of the Bombay High Court in Kishor y. State of Maharashtra2. Therefore, he prayed to dismiss the petition.

5. Perused the record. 'z 2023 scc online Bom 1515 t t I I I I I t ,l

6. ln Javed Ahmad Hajam's case (supra 1), it was held that when a message was posted on whatsapp "14th August - Happy lndependence Day Pakistan." and it contained a picture of "Chand" By examining the said message it was held that it will not attract clause (a) of sub- section (1) of Section 153-A of the IPC and that every citizen has the right to exlend good wishes to the citizens of the other countries on their respective independence days. lf a citizen of lndia extends good wishes to the citizens of Pakistan on 14th August, which is their lndependence Day, there is nothing wrong with it lt's a gesture of goodwill. ln such a case, it cannot be said that such acts will tend to create disharmony or feelings of enmity, hatred or ill-will between different religious groups. Motives cannot be attributed to the appellant only because he belongs to a particular religion 7 . The said case law is not at all applicable to the case on hand because here the content of the whatsapp message is that "as fhe behavior of the victim Ramavath Shiya was not well, so the then .."municipal commissioner has got surrendered him but whereas the present municipal commissioner Mohammed Shaik in turn had taken him back on duty as outsourcing and paying him a salary of Rs.35,000/-, is there not any person in Kalwakurlhy who had I 5 pursued that much of study! What is the reason to take such person who hails from Nalgonda District as besrde to our District? How much amount does the Local leaders and Officers receive in thls lssue" B. ln Kishor's (supra 2), it was held that the very purpose of WhatApp slatus ls to convey something to his contacts. lt 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 WhatApp status now and then. One should behave with sense of responsibility while t ( 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 sfalus. Contents of FIR prim a facie, discloses applicant's deliberate and malicious intention to insult the feeling of a group.

9. The present case is squarely covered by the decision in Kishore's case (supra 2). The alleged message posted by the petitioner herein on whatsapp, does not promote any good will in favour of any person but it promotes hatred against the authorities, he has also named certain persons and it is intended to harm the \ i i i 6 reputation and promote hatred against those persons. Therefore, the prima facle allegations do point out the offences against the petitioner herein, the petition does not merit any consideration, therefore, the same is liable to be dismissed. 10 ln the result, the Criminal Petition is dismissed. ltr'liscellaneous applications pending, if any, shall stand closed. \ / SD/- P.PONNA KRISHNA ASSISTANT REGISTRAR / V-' SECTION OFFTCER \ ,TRUE COPY// To,

1. The Judicial Magistrate of First Class at Kalwakurthy 2. The Station House officer, Police station Kalwakurthy, Nagarkurnool District 3. One CC to SRl. K KRISHNA SHRAWAN Advocate [OPUC] 4. Two CC to SRl. PUBLIC PROSECUTOR Advocate [OUT] 5. Two CD CoPies \kt, AG/PSL HIGH COURT DATED:15t0912025 t HE SIA 3 2I JAll 2026 1' \ I I I ORDER GRLP.No.11404 ot 2025 CRLP @ IS DISMISSED -J-rr s rc/,/te