PESALA SIVASHANKAR REDDY Vs. STATE OF A.P.

JUDGEMENT

(1.) The petitioner is arraigned as Accused No.1 in Crime No.411 of 2024 at Kankipadu Police Station, Krishna District, registered under Ss. 192, 196, 336(4), 340(2), 353(2), 61(2), 111(2)(b) B.N.S, 67 of Information Technology Act, 2000-2008.

(2.) It is alleged that the de facto complainant noticed a posting on the social media platform Facebook on 8/11/2024 posted by the petitioner. The posting related to defamatory content concerning the Deputy Chief Minister and the Chief Minister of the State, with the intention to defame both. The petitioner is alleged to have used abusive language in the said posting. The posting is further alleged to have caused political disturbance that could lead to escalated violence. A complaint was lodged by the de facto complainant.

(3.) The learned counsel for the petitioner submits that the petitioner has been made an accused in two other crimes for the same postings. However, in those cases, the petitioner was not alleged to have committed offenses under Sec. 111(2)(b) of the Bharatiya Nyaya Sanhita (BNS), 2023. The learned counsel for the petitioner submits that to attract an offense under Sec. 111, the mandate of the Sec. requires, the petitioner to be accused of two other offenses where charge sheets are filed against the petitioner within a preceding period of ten years and the Court must have taken cognizance of such offenses. It is also submitted that the acts against the petitioner do not constitute organized crime as defined under Sec. 111 of Bharatiya Nyaya Sanhita (BNS), 2023. It is also submitted that Sec. 67 of Information Technology Act cannot be applicable to the facts of the case.