KETAN BABULAL SHAH Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of this application filed under Sec. 482 of Cr.P.C., the applicants herein are seeking quashment of First Information Report, being M. Case No.1 of 2014 registered with Ellisbridge Police Station, District: Ahmedabad for the offences punishable under Ss. 294(b) , 500 and 501 of the Indian Penal Code and Ss. 66 , 66A , 66E and 66F of the Information Technology Act.

(2.) Facts and circumstances giving rise to file present application are that, the applicants and respondent no.2 are belonging to Jain Community. Due to internal dispute of accounts of the trust, the relations between the parties were not cordial. It is in this context, on 22/8/2014, messages against the respondent-complainant posted on facebook and also circulated in the whatsapp group of the community. Aggrieved with the posting and circulation of the messages, respondent no.2- complainant alleges against the applicants that, the contents of the messages circulated on social media are defamatory in nature and posted and circulated with intend to harm his reputation in the society and in person also. He had approached the police station for filing the complaint, but, it could not registered by the police. Thus, he has approached the Jurisdictional Court i.e. Court of Metropolitan Magistrate, Ahmedabad and filed a private complaint for the offences as referred above. The complaint was registered as C.M.A. No.406 of 2014. The Additional Chief Metropolitan Court No.22 thought it fit to investigate the matter by police and accordingly, the complaint was sent to be investigated by the concerned police station and order to this effect under Sec. 156(3) of Cr.P.C. was passed on 15/11/2014.

(3.) Dissatisfied with the impugned order, the applicants have preferred the present application, inter-alia stating that, the alleged messages do not fall under the definition of defamation as defined under Sec. 499 of the Indian Penal Code. The applicants no.2 to 18 have not published any message which clearly suggests that, the intention is only to harass the applicants and therefore, the criminal proceedings would amount to abuse of process of law and Court.