YOHANN J.SETNA Vs. STATE OF TAMILNADU

JUDGEMENT

(1.) This Criminal Original Petition has been filed to quash the proceedings in CC.No.3365 of 2020 on the file of the Chief Metropolitan Magistrate Court, Egmore, Chennai thereby taken cognizance for the offences under Sections 465 and 469 of IPC as against the petitioner.

(2.) The second respondent lodged complaint alleging that he had assisted as a co-driver in Targa rallies held in Australia and participated in the rally of Coimbatore part of Indian Rally Championship from 19 th to 21 st July 2013. The entire rally vedio duration is 60 minutes. The video camera installed inside the car driven by one, Samir Thapar and co-driven by the complainant.

(3.) The learned counsel for the petitioner would submit that even according to the second respondent, it is a funny video and it was edited one. It was not morphing or videographed one. It was edited from the original video and both the videos were very much available in the you tube at the time of occurrence. Therefore, no offence is made out for forgery. He also had given illustration like 'funny video'. The first respondent filed final report only on 05.10.2020 i.e. after period of seven years from the date of registration of FIR. Therefore, it is barred by limitation. The main person who uploaded the video was not examined by the prosecution to support the case of the prosecution. He further submitted that the second respondent caused notice and on receipt of the same, the petitioner replied by his reply dated 16.08.2013. He categorically stated that he never morphed any videograph and he edited the original video into 3.5 minutes, that too without any malicious intention and posted the same. However, they also sought for unconditional apology and immediately removed from the social media.