Challa Madhusudana Rao v. State of Andhra Pradesh
In the High Court of Andhra Pradesh
Crl. Pet. 4668/2020
Before Justice Venkata Jyothirmai Pratapa
Decided on February 01, 2024

Relevancy of the case: Petition to quash proceedings in a case involving a WhatsApp message leading to religious conflict

Statutes and Provisions Involved

• The Information Technology Act, 2000 (Section 66)
• The Indian Penal Code, 1860 (Section 153A, 505, 295)

Relevant Facts of the Case

• The petitioner posted a WhatsApp message that some unknown person destroyed a religious statue, thereby causing religious conflict.
• On the police’s enquiry, he stated that he had not created the message. He only forwarded it after seeing a scroll on a Media Channel.

Prominent Arguments by the Advocates

• The petitioner’s counsel submitted that the petitioner neither created nor conceived the message. Moreover, the police has registered a false case against the petitioner.
• The respondent’s counsel submitted that there are no grounds to quash the case at this stage and that the matter needs investigation.

Opinion of the Bench

• The said message would not attract Sections 153A and 505 of the Indian Penal Code, 1860.
• Consequently, Section 295 of the Indian Penal Code, 1860 and Section 66 of the Information Technology Act, 2000 would not arise.

Final Decision

• The bench accepted the criminal petition and quashed the proceedings against the petitioner.