R. RAJENDRAN Vs. INSPECTOR OF POLICE

JUDGEMENT

(1.) Heard, Mr.T.Lajapathi Roy, learned counsel appearing for the petitioner and Mr.E.Antony Sahaya Prabahar, learned Additional Public Prosecutor appearing for the first respondent and Mr.G.Thalaimutharasu, learned counsel appearing for the second respondent.

(2.) This criminal original petition has been filed to quash the impugned First Information Report as far as the petitioner is concerned. The petitioner had formed a Whatsapp group in the name and style of " Karur Lawyers ". He was the group administrator. In the said Whatsapp group, certain highly offensive messages were posted by one Pachaiyappan. A reading of the said messages would clearly cause ill-feeling between two communities. Therefore, the second respondent who is also a practising lawyer lodged information before the first respondent. That led to registration of the First Information Report in Crime No.484 of 2020 for the offences under Sec. 153A and 294(b) of I.P.C. Contending that the petitioner was only a group administrator and he is no way responsible and he cannot be implicated as an accused, this criminal original petition has been filed.

(3.) The learned counsel appearing for the second respondent contended that the petitioner is lacking in bona fides. After the objections were raised, the petitioner removed the said Pachaiyappan from the Whatsapp group. He re-inducted him within a few days. According to the learned counsel, there was collusion between the petitioner and the said Pachaiyappan.