Allowed

Doddipalli Suryanarayana @ Surya v. The State of Telangana

Telangana HC20 Sept 2024CRLP/8197/2024

Case brief

AI extract

What is this about?

The High Court allowed a Criminal Petition under Section 482 CrPC to quash proceedings against the petitioner. The Court held that the District Police Officer was barred from filing a charge sheet instead of a complaint, and the petitioner lacked mens rea for forwarding messages.

What did the court decide?

The criminal petition is allowed and the proceedings against the petitioner in C.C. No. 486 of 2020 are quashed.

Doddipalli Suryanarayana @ Surya Vs… — Constitutional and Fundamental Rights | Telangana HC (2024)

¶1

¶2

IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

¶3

FRIDAY, THE TWENTIETH DAY OF SEPTEMBER TWO THOUSAND AND TWENW FOUR

¶4

PRESENT

¶5

THE HONOURABLE SMT JUSTICE K. SUJANA

¶6

CRIMINAL PETITION NO: 8197 OF 2024

¶7

Between:

¶8

Doddipalli Suryanarayana @ Surya, S/o. Saraiah, Aged about 37 years, Occ Private Employee, Rl/o. H.No.3-35, Pokhtapalli Village, Peddapalli District.

¶9

...PETITIONEFYACCUSED No.7

¶10

AND

¶11

The State of Telangana, through S.H.O., P.S. Peddapalli, Peddapalli District, Rep. by its Public Prosecutor, High Court for the State of Telangana, at ...RESPONDENT

¶12

Hyderabad.

¶13

U.Upender, S/o. Not known to the Petitioner, Aged. Major, Occ. Sub-lnspector Of Police, Peddapalli Police Station, Peddapalli District.

¶14

...RESPONDENT/DEFACTO COMPLAINANT

¶15

Petition under Section 482 of Cr.P.C^praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to Quash the^proceedings to the extent of^petitioner herein/ Accused No. 7 in C.C. No. 486 of 2020 pending on the filing of Honble Judicial Magistrate of First Class, at Peddapalli, Peddapili District.

¶16

LA. NO: 1OF 2024

¶17

Petition under Section 482 of Cr.P.C 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 to the extent of^petitioner herein/Accused No. 7 in C.C. No.486 of 2020^pending on the filing of Hon'ble Judicial Magistrate of First Class, at Peddapalli, Peddaplli District,^pending disposal of the above Criminal Petition.

¶18

This Petition coming on for hearing, upon^perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri V. YADU KRISHNA SAINATH, Advocate for the Petitioner and the Public Prosecutor on behalf of the Respondent No.1 and of None appeared for the Respondent^No.2.

¶19

The Court made the following: ORDER

¶20

THE HONOURABLE SMT. JUSTICE K. SUJANA CRIMINAL PETITION No.S197 of 2024

¶21

ORDER:

¶22

This Criminal Petition is li1ed under Section^{482 of Code} of Criminal Procedure, 1973 (for short 'Cr.P.C.J to^quashthe proceedings against the petitioner/accused No.7 in C.C.No.4B6 of 2O2O on the file of the learned Judicial Magistrate of First Class, Peddapalli, registered for^the offences punishable under Sections 505-1(b), 507 of the Indian Penal Code, 1860 (for short 'IPC) and Section 54 of the Disaster management Act, 2OO5 (for short^'the Act').

¶23

The brief facts of the case are that respondent No.2Police on receipt of credible information that Corona positive has been identified at f,trailapochammawada, Bandarikunta areas of Peddapalli, by way of a video and false messages forwarded by one Bathula Venkanna to various groups in whatsapp anci created panic situation in the public, he along with his staff rushed and apprehended two persons in the presence of two mediators. Thereafter, a case was registered against the petitioner and other accused in Crime No.1 19 of 2O2O and after completion of investigation, filed charge sheet,

¶24

¶25

srs,J Crl.P.No.8797 of 2024

¶26

uide C.C.No.4B6 ol 2020, before the learned Judicial Magistrate of First Class, Perldapalli

¶27

Heard Sri Y. Yadu Krishna _Sainath, learned counsel appearing on behalf of the petitioner as well as Sri D. Arun Kumar, learned Additional Public Prosecutor appearing on behalf of the respondents.

¶28

Learned counsel for the petitioner submitted that the petitioner did not commit any offence as alleged by respondent No.2 as mere sending of whatsapp messages in groups, the same does not attract the ingredients under Sections 505-1(b), 507 of IPC and Section .54 of the Act. He further submitted that promotion of such messages in whatsapp groups and feelings should have been done by making a publication or circulating any statemenl or report containing rumor or alarming new'mens rea'is held to be a necessary ingredient for the offence punishable under Sections 5O5 and 5O7 of IPC. Learned counsel for the petitioner further submitted that under Section 195(a)(1) of Cr.P.C and Section 6O of the Disaster Management Act, oniy a complaint can be filed by a public servant, but not the charge sheet Therefore, the allegations leveled against the petitioner do not constitute any

¶29

¶30

sr(s,J crl.P.No.8197 of 2024

¶31

offence, as such, prayed the Court to quash the proceedings against the petitioner.

¶32

On the other hand, learned Additional Public Prosecutor submitted that the allegations leveled against the petitioner, requires tria1, as such, prayed the Court to dismiss the petition.

¶33

In the light of the submissions made by both the learned counsei and a perusal of the material available on record, it appears that the allegations leveled against the petitioner are under Sections 505-1(b), 507 ofIPC and Section 54 of the Act. However, it is significant to note the reievant sections of IPC, Cr.P.C and the Disaster Management Act, which reads under:

¶34

Sections 5O5 and 5O7 of IPC:-

¶35

"5O5:^Statements conducing to public mischief.-(1) Whoever makes, publishes or circulates any statement, rumour or report,-

¶36

(a) w-ith intent to cause, or which is likell to cause, any officer, soldier, [sailor or airman] in the Army, [Narry or Air Force] [of India] to mutinl' or otherwise disregard or fail in his duty as such; or

¶37

(b) u,ith intent to cause, or rvhich is likell, to cause, fear or alarm to the public, or to any section of the public whcreby any person may be induced to

¶38

¶39

¶40

SI<S,J CrLP.No.8197 oJ 2024

¶41

commit an offence against thc State or against the public tranquility; or

¶42

(c) with intent to incite, or which is likely to incite, any class or communit-y of persons to commit any offence against any other class or community,

¶43

sha1l be punished with imprisonment which may extend to [three vearsl, or with hnc, or with both.

¶44

5O7: Cdtaiual intimidatioa by an anonymous communication.-Whocvcr commits the offence of criminal intimidation by an anonymous communication, or havir1g taken precaution to conceal the name or abode of the person from rvhom the threat comes, shall be punished with imprisonment of either description for a term which may extend to two vears, in addition to the punishment provided for the offence by the last preced ing sect ion.-

¶45

Section 195 1 a of Cr.P.C.:-

¶46

"(i) (a) of any offence punishable under Sections 172 Lo l8B (both inclusive) of the Indian Penal Code (45 of 1860), or

¶47

(ii) of any abetment of, or attempt to commit, such offence, or

¶48

(iii) of any criminal conspiracy to commit such offence, except on the complaint in writing of the pubiic servant concerned or of some other public servant to whom he is administratively subordinate;

¶49

¶50

sr(s,J Crl.P.No.8797 of 2024

¶51

Sections 54 and 6O of the Disaster Manasement Act:

¶52

54: Punishment for false warning.Whoever makes or circulates a false alarm or warning as to disaster or its severity or magnitude, leading to panic, shall on conviction, be punishable with imprisonment which may extend to one year or with fine.

¶53

60z Cognizance of offences.- No Court sha11 take cognizance of an offence under this Act except on a complaint made b5r -

¶54

(a) the National Authority, the State Authority, the Central Government, the State Government, the District Authority or any other authority or officer authorized in this behalf by that Authorit5r or Government, as the case may be; or

¶55

(b) any person who has given notice ol not less than thirty days in the manner prescribed, of the alleged offence and his intention to make a complaint to the National Authority, the State Authorily, the Central Government, the State Government, the District Authority or any other authority or officer authorized as aforesaid."

¶56

¶57

¶58

SITS,J Crl-P.No.8197 of 2O24

¶59

Reverting to the facts of the case on hand and a bare perusal of the above sections would reveal that Section 54 of the Act is not applicable to the present case since there is^a bar under Section 195 (1) (a) of Cr.P.C., whereunder a^written complaint has to be hled by the concerned authority and the procedure under Section 60 of the Act needs to be followed, but in the present case, the sarne was not followed.^That apart the petitioner was also alleged for^{the offencesunder} Sections 505-1(b) and 5O7 of IPC and^{the same were also not} applicable to the present case as the^{petitionerreceivedthe} message from accused No.4 and he^forwarded the^{same to} other groups and as such, there is^{no other ill intentionto} spread false news and there is no^{mens rea, therefore, the} ingredients do not constitute the said offences.

¶60

In view of the above provisions of law, it is clear^{that the} Court is prohibited from taking cognizance^{except ona} complaint made by the authorities^{under the above said} provisions. Further, the word 'Complaint' is^{defined under} Section 2(d) of Cr.P.C, which excludes the final^report or^a charge sheet being hled by the Police.^{Therefore,the} allegations leveled against^{the petitioner do not constitute any}

¶61

¶62

S,(S,J Crl.P.No-a197 of 2O24

¶63

offence, as such, the proceedings against him are^{liable to be} quashed.

¶64

In the result, the criminal petition is allowed and the proceedings against the petitioner in C.C.No.486 of 2O2O on the file of the learned Judiciai Magistrate of First Class, Peddapalli, are hereby quashed.

¶65

Miscellaneous petitions, if any pending, shall also stand closed.

¶66

Sd/. T. TIRUMALA^DEVI ASSISTANT^REGISTRAR

//TRUE COPY'

SECTION^OFFICER

To,

1 . The Judicial^{Magistrate of I Class at Peddapalli'} i. 1r" St"tion^{Hou-seofficer,peddapalli policestation, Peddapalli District-} $.^i;;A; i"^{proti" pto"""'tor,High Court for the stateof Telanganaat} \ Hyderabad. (oUT)

¶71

+. Oi. CC to^{Snt.V. YADUKRISHNASAINATH' Advocate [OPUC]}

¶72

Two^{CD CoPies}

CD/DL y:9

HIGH COURT

DATED:2010912024

1'\ e Sr,1Ar f
d t 11 ctl
..^n/

¶77

ORDER

¶78

CRLP.No.8197 of 2024

¶79

0
%
CRIMINAL PETITION IS ALLOWED NO COSTS.

Doddipalli Suryanarayana @ Surya v. The State of Telangana

Case brief

What is this about?

What did the court decide?

Doddipalli Suryanarayana @ Surya v. The State of Telangana

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Mohd. Mateen Qureshi Vs The State of Telangana

Saini Venugopal Vs The State of Telangana

Mikkilineni Bhuloka Rao Vs The State of Telangana

Mala Ashok Vs The State of Telangana

Pasumarthi Mallikarjuna Rao Vs The State of Telangana

Ch. Vijay Prasad Vs The State of Telangana