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Administrator of WhatsApp group requests relief from the court in FIR filed for encouraging animosity amongst several factions: Madras High Court

Administrator of WhatsApp group requests relief from the Madras High Court in FIR filed for encouraging animosity amongst several factions in the case R. Rajendran v. Inspector of Police through Justice G.R. Swaminathan.

FACTS OF THE CASE

In this case, the petitioner, the administrator of a WhatsApp group came to the court seeking assistance. Insofar as the petitioner was concerned, the impugned FIR was quashed through the present plea. The administrator of the “WhatsApp Group” with the name and logo “Karur Lawyers” was the petitioner.

It was claimed that one Pachaiyappan wrote some extremely unpleasant messages in the aforementioned group, and upon reading those messages, it was obvious that the said messages would promote animosity between two tribes.

This caused the registration of the FIR for the offences under Sections 153A and 294(b) of the Penal Code, 1860, to be registered. It was claimed in the instant petition that the petitioner was simply a group administrator, that he was not accountable, and that he could not be held accountable.

JUDGEMENT

The Court ruled that it would be premature to consider the current petition because the forensic report was still pending.

According to the High Court, if the petitioner had only served as a group administrator and nothing else, their name should be removed from the final report when it is filed. However, if the first respondent also obtained further evidence that may implicate the petitioner, the petitioner will of course need to contest the case on its merits.

After the discussion mentioned above, the current petition was dismissed.

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JUDGEMENT REVIEWED BY NISHTHA GARHWAL

Click here to view the judgement

 

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