KANTAMANENI RAVISHANKAR Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) This writ petition is filed under Article 226 of the Constitution of India to issue Writ of Mandamus to declare the action of respondent No.3 in registering a case in Crime No.20 of 2020 dated 29.04.2020 by the Station House Officer, CID Police Station, Mangalagiri, Guntur District, Andhra Pradesh for the offence punishable under Sections 188, 505 (2) and 506 of Indian Penal Code (for short "I.P.C.") and Section 54 of the Disaster Management Act, 2005 on the basis of the complaint lodged by respondent No.4 as illegal, arbitrary, abuse of process of law and in violation of fundamental rights guaranteed under Article 14, 19 (1) (a) and 21 of the Constitution of India; consequently quash the proceedings in Crime No.20 of 2020 on the file of the Station House Officer, CID Police Station, Mangalagiri, Guntur District, Andhra Pradesh.

(2.) The petitioner is the Managing Director of "Object One Information Systems Limited" and the said company was incorporated under the Companies Act in 1999. "Telugu One.com"" is one of the Digital Media Division of "Object One". The primary objective of "Telugu One.com" is to disseminate and enrichment of information relating to Telugu Language, Culture, Traditions, Literature and Entertainment and News across the world and the "Telugu One.com" is so popular across the world amongst telugu speaking people. The "Telugu One.com" is functioning right from 1999 and it has got 10 million viewers and it has branches across India as well as in U.S.A. There are approximately 150 employees working in the company and "Telugu One.com" is committed to spread Telugu Language as well as to entertain Telugu Speaking People across the world. News component is a smaller component in the entire "Telugu One.com" and its primary objective is entertainment and spreading of Telugu Literature. Since 1999 there was no comment on the "Objective One Information Systems Limited" as well as "Telugu One.com".

(3.) Unfortunately respondent No.4 lodged a complaint on 29.04.2020 to Additional Director General of Police, CID, Andhra Pradesh alleging that while he was watching Telugu One Channel in Youtube, he noticed false and fabricated audio clip is being circulating in social media against the Hon'ble Chief Minister of Andhra Pradesh and he further alleged that the said news item was posted for the purpose of causing annoyance, inconvenience, anger, insult, injury, criminal intimidation, hatred, ill will against the government and the Hon'ble Chief Minister and the same has created panic in the minds of people of Andhra Pradesh that Andhra Pradesh is unsafe during Carona Pandamic. It was further alleged that the fabricated audio clip is appearing in multiple platforms like whatsapp, twitter, face book, tick talk, youtube and help app, to mislead the public and make them nurse ill will, hatred against YS Jagan Mohan Reddy, his family, A.P. Government and Y.S.R.Congress Party. Respondent No.4 enclosed the voice clip in a pen drive to the complaint and requested to take action.