Madras High Court
M.Karthikeyan vs The State Of Tamil Nadu on 8 August, 2023
Crl.O.P.(MD)No.13649 of 2020
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 08.08.2023
CORAM
THE HON'BLE MR.JUSTICE P.DHANABAL
Crl.O.P.(MD)No.13649 of 2020
and
Crl.M.P.(MD)No.6290 of 2020
M.Karthikeyan ... Petitioner
Vs.
1.The State of Tamil Nadu,
Rep by the Inspector of Police,
Pavoorchatram Police Station,
Tirunelveli District.
(Crime No.473 of 2020)
2.Samy ... Respondents
PRAYER : Criminal Original Petition filed under Section 482 of the
Code of Criminal Procedure, to call for the records pertaining to the
impugned First Information Report in Crime No.473 of 2020 under
Sections 500, 505(1)(b) IPC and Section 66A of the Information
Technology Act 2000 dated 26.09.2020 on the file of the first respondent
and quash the same as illegal.
1/8
https://www.mhc.tn.gov.in/judis
Crl.O.P.(MD)No.13649 of 2020
For Petitioner : Mr.I.Pinaygash
For R1 : Mr.R.M.Anbunithi,
Additional Public Prosecutor
For R2 : No Appearance
ORDER
This Criminal Original Petition has been filed to quash the
impugned First Information Report in Crime No.473 of 2020 under
Sections 500, 505(1)(b) IPC and Section 66A of the Information
Technology Act 2000 dated 26.09.2020 on the file of the first
respondent.
2.According to the petitioner, the first respondent police registered
FIR in Cr.No.473 of 2020 for the offences under Sections 500, 505(1)(b)
IPC and Section 66A of the Information Technology Act 2000 dated
26.09.2020. The second respondent lodged complaint as against the
petitioner alleging that the petitioner posted some information in
facebook against the Chief Minister and MLA of ruling party for creating
enmity. Thereby, the first respondent police registered FIR in Cr.No.473
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Crl.O.P.(MD)No.13649 of 2020
of 2020 for the offences under Sections 500, 505(1)(b) IPC and Section
66A of the Information Technology Act, 2000. In fact, none of the
offences attracted as against the petitioner and the defacto complainant
did not mention about any specific allegation and specific event. As far
as Section 505 IPC is concerned, previous sanction is necessary under
Section 196 Cr.P.C. and no previous sanction was obtained. As far as
Section 66A of the Information Technology Act is concerned, the
Hon’ble Supreme Court of India already struck down the same. Hence,
the impugned FIR is liable to be quashed. No counter was filed by the
respondents.
3.The learned counsel appearing for the petitioner would contend
that the second respondent lodged complaint before the first respondent
with bald allegations and based on the same, FIR was registered in
Cr.No.473 of 2020 for the offences under Sections 500, 505(1)(b) IPC
and Section 66A of the Information Technology Act, 2000. According to
the complaint none of the offences are made out and as far as 505(1)(b)
IPC is concerned, no previous sanction was obtained as stipulated under
Section 196 Cr.P.C. and already the Hon’ble Supreme Court of India
struck down the Section 66A of the Information Technology Act.
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Crl.O.P.(MD)No.13649 of 2020
However, the first respondent registered FIR under the above said
Sections. Hence, FIR is liable to be quashed.
4.The learned Additional Public Prosecutor appearing for the first
respondent would contend that based on the complaint given by the
second respondent, the first respondent registered FIR and the case is
now in initial stage and hence, this Court need not look into the matter, at
this stage and this petition is liable to be dismissed.
5.Heard both sides and perused the materials available in the
records.
6.On perusal of records reveals that the second respondent lodged
a complaint before the first respondent and first respondent also
registered FIR in Cr.No.473 of 2020 for the offences under Sections 500,
505(1)(b) IPC and Section 66A of the Information Technology Act 2000.
On careful reading of the above said FIR shows that there is no specific
allegations to constitute the offence and allegations are vague. The
learned counsel appearing for the petitioner would contend that as far as
Section 505 IPC is concerned, as per Section 196 Cr.P.C., previous
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Crl.O.P.(MD)No.13649 of 2020
sanction has to be obtained and in this case, no previous sanction was
obtained. In order to take cognizance under Section 505(i)(b), the
previous sanction under Section 196 of Cr.P.C., is essential, but in this
case is at the stage of FIR and no cognizance was taken and it is pre-
cognizance stage. As far as Section 66A of the Information Technology
Act is concerned, already the Hon’ble Supreme Court of India struck
down the provision and even as per the allegations levelled in FIR, no
offences are made out and the allegations are vague and bald. With the
bald allegations and without specific allegations, the petitioner need not
face the trial and thereby FIR is liable to be quashed. That apart, the
learned counsel appearing for the petitioner relied upon the judgments of
this Court in Crl.O.P.(MD)No.19111 of 2015, Crl.O.P.Nos.5101 of 2021,
21792 of 2021 & 3694 of 2021. On careful reading of the above said
decisions shows that for taking cognizance for the offence under Section
505(1)(b) IPC, previous sanction is necessary as per Section 196 Cr.P.C.
and already the Hon’ble Supreme Court of India struck down the same as
unconstitutional. Hence, the above said case laws are squarely
applicable to the case on hand.
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Crl.O.P.(MD)No.13649 of 2020
7.In view of the above said discussions, FIR in 473 of 2020 for the
offences under Sections 500, 505(1)(b) IPC and Section 66A of the
Information Technology Act 2000 is quashed and accordingly, this
criminal original petition is allowed. Consequently, connected
miscellaneous petition is closed.
08.08.2023
NCC : Yes / No
Index : Yes / No
Internet : Yes / No
gns
https://www.mhc.tn.gov.in/judis
Crl.O.P.(MD)No.13649 of 2020
To
1.The Inspector of Police,
Pavoorchatram Police Station,
Tirunelveli District.
2.The Additional Public Prosecutor,
Madurai Bench of Madras High Court,
Madurai.
https://www.mhc.tn.gov.in/judis
Crl.O.P.(MD)No.13649 of 2020
P. DHANABAL,J.
gns
Crl.O.P.(MD)No.13649 of 2020
08.08.2023
https://www.mhc.tn.gov.in/judis
