NAVEEN KUMAR CHINTHAPANDU Vs. STATE OF TELANGANA

JUDGEMENT

(1.) This Criminal Petition is filed under Sec. 482 of Cr.P.C praying to quash the proceedings in CC No.37 of 2019 pending on the file of Junior Civil Judge, Narayankhed.

(2.) The petitioner is charge-sheeted for the offences under Sec. 504 and 171G of IPC by Narayankhed Police Station. It is the case of the prosecution that on 24/10/2018, the defacto complainant/2nd respondent filed a complaint with the Police stating that on 22/10/2018 around 8.15 p.m, Mr.Bhupal Redy, Ex-MLA contesting candidate from TRS party while campaigning in the Pipri village, some of the villagers obstructed the campaigning and abused TRS party. The TRS party workers also abused villagers but the Ex-MLA Bhupal Reddy did not abuse any one. However, during the broad cast of the program of which the petitioner is an Anchor, allegedly abused the Ex MLA as "dunnapothu" (bull) and "vaadu manishu kadu" (he is not a human) and other language referring to the incident. The said programme was also posted on many WhatsApp groups.

(3.) The police sought permission from the concerned Magistrate to investigate since both the offences alleged are non cognizable offences. The learned Magistrate accorded sanction under Sec. 155(2) of Cr.P.C on 25/10/2018 and directed the police to investigate. The police, having investigated the case, filed charge sheet against the petitioner stating that while campaigning at Pipri village, there was an altercation which ensued in between the TRS Party workers and the villagers. The Ex-MLA Bhupal Reddy did not abuse any of the villagers. However, one of the party members namely Ravinder Nayak, who accompanied Mr.Bhupal Reddy abused the public as 'Orey Lanja Koduka, Orey' ('Hey you bastard') in the loud speaker. Since there was no abuse that was hurled by Mr.Bhupal Reddy, the petitioner/accused who was the anchor intentionally abused Mr.Bhupal Reddy, TRS candidate by using the above language as 'dunnapothu' (bull) - in colloquial language it means that the person is insensitive. Also said "vaadu manishu kadu" (he is not a human) in colloquial language it means that a person is inhuman. For the said reason, charge sheet was filed.