PALAKA SEKHAR Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) This petition is filed under section 482 of the Code of Criminal Procedure, 1973 (for short, 'Cr.P.C.') by the petitioner-accused to quash the proceedings against him in crime No. 87 of 2018 of Tadipatri Town Police Station, Anantapuramu District, registered for the offences punishable under Sections 153-A, 504 and 505 (2) of IPC.

(2.) Respondent No. 2 lodged a written report with Tadipatri Town Police Station on the basis of Facebook posting by the petitioner. It is alleged in the written report that he is faithful to Sri J.C.Diwakar Reddy and his family members of Anantapuramu Parliamentary Constituency who has never been defeated in elections; that he is the supporter and follower of J.C. Diwakar Reddy and if anybody insults Diwakar Reddy, he will suffer and that the petitioner, who is the strong supporter of opposition party, posted an article on Facebook insulting J.C. Diwakar Reddy and created enmity between the two parties. Based on the written report, the above crime was registered for the offences referred supra.

(3.) The present petition is filed mainly on the ground that the allegations made in the report do not constitute any offence much less the offences referred supra as they lack common ingredients for promoting feeling of enmity, hatred or ill-will between different religious, racial, language or regional groups or caste or communities and in the absence of disclosing common ingredients to constitute those offences, the proceedings against the petitioner are liable to be quashed and in support of his contention, learned counsel for the petitioner has placed reliance on Bilal Ahmed Kaloo Vs. State of Andhra Pradesh AIR 1997 SC 7