V.Sathiyaraj vs The Sub Inspector Of Police, on 9 July, 2026

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    Madras High Court

    V.Sathiyaraj vs The Sub Inspector Of Police, on 9 July, 2026

    Author: G.K.Ilanthiraiyan

    Bench: G.K. Ilanthiraiyan

                                                                                  WP Crl. No. 1414 of 2025
    
    
                                      IN THE HIGH COURT OF JUDICATURE AT MADRAS
    
                                                     DATED: 09-07-2026
    
                                                           CORAM
    
                                      THE HON'BLE MR JUSTICE G.K. ILANTHIRAIYAN
    
                                                  WP Crl. No. 1414 of 2025
                                                            and
                                               WPMP Crl. Nos. 686 & 687 of 2025
                    V.Sathiyaraj
                                                                                           ..Petitioner
                                                             Vs
                    1. The Sub Inspector of Police,
                       CCD-I,
                       Chennai West,
                       Greater Chennai City Police.
                       Cr.No.3 of 2025.
    
                    2. Singa Tamizhachi
                                                                                         ..Respondents
    
                    Prayer: Writ Petition filed under Article 226 of the Constitution of India,
                    praying to issue Writ of Certiorari, calling for the records relating to the
                    proceedings in C.C.No.1744 of 2025 on the file of the learned XI Metropolitan
                    Magistrate Court, Saidapet, Chennai, and quash the same in the said case as
                    illegal, without jurisdiction, and an abuse of the process of law.
    
    
                                  For Petitioner:          Mr.K.Suresh Babu
                                                           for Mr.M.Balaji
    
                                  For Respondents:         Mr.R.Ganesh Kumar
                                                           Counsel for Government of Tamil Nadu (Crl.Side)
                                                           for R1
    
                                                           No appearance for R2
    
    
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                                                            ORDER
    

    This Writ Petition (Criminal) has been filed to quash the proceedings in

    C.C.No.1744 of 2025 on the file of the XI Metropolitan Magistrate, Saidapet,

    SPONSORED

    Chennai.

    2. The case of the petitioner is that the second respondent lodged a

    complaint, pursuant to which the first respondent registered an FIR in Crime

    No.3 of 2025 for the offences punishable under Sections 356(2), 351(3) and 79

    of Bharatiya Nyaya Sanhita, 2023, read with Section 4 of the Tamil Nadu

    Prohibition of Harassment of Women Act, 2002. It is alleged that the second

    respondent has been working in the field of journalism for the past 22 years and

    is presently serving as the President of the Tamil Nadu Journalists Union, the

    Editor of the First Reporter Weekly Magazine and the State President of the

    Indian People’s Federation for Scheduled Castes and Scheduled Tribes. While

    being so, the petitioner/accused, on 02.10.2024, without the consent of the

    second respondent, published her photograph on social media along with

    defamatory, abusive and derogatory remarks and the petitioner addressed her in

    a disrespectful manner and made insulting references by dragging the wife of

    the Hon’ble Chief Minister of Tamil Nadu into the social media posts. It is

    further alleged that the petitioner had repeatedly uploaded false and defamatory

    content against the second respondent on various social media platforms and

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    Whatsapp groups consisting journalists, editors and medial personnel, thereby

    tarnishing her reputation, dignity and long standing social service. It is further

    alleged that the petitioner contacted the office bearers of the Union over the

    telephone, abused them by using obscene and indecent language and threatened

    them with dire consequence. It is further alleged that the petitioner threatened

    the wife of one of the office bearers of the Union during a late-night phone call

    and also through Whatsapp messages.

    3. After completion of the investigation, the first respondent filed a

    final report and the same has been taken cognizance in C.C.No.1744 of 2025 on

    the file of the XI Metropolitan Magistrate, Saidapet, Chennai, for the offences

    punishable under Sections 296(b), 79, 351(3) of Bharatiya Nyaya Sanhita, 2023

    and Section 67 of Information Technology (Amendment) Act, 2008.

    4. The learned counsel appearing for the petitioner submitted that no

    offence is made out against the petitioner under the Bharatiya Nyaya Sanhita,

    2023. Even according to the second respondent, the petitioner had only

    published her photograph along with derogatory statements. He further

    submitted that the petitioner had contacted the office bearers of the Union over

    the telephone and threatened them with dire consequences and also abused them

    in filthy languages. He also submitted that insofar as the offence under the

    Information Technology Act is concerned, Section 78 of the Information
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    Technology Act specifically mandates that no police officer below the rank of

    Inspector of Police shall investigate any offence under the said Act.. However,

    in the present case, the investigation was conducted by a Sub-Inspector of

    Police. Therefore, the entire proceedings are vitiated and liable to be quashed,

    since the investigation conducted by the officer not competent under law has

    caused serious prejudice to the petitioner and amounts to a miscarriage of

    justice.

    5. Per contra, the first respondent filed a counter affidavit stating that

    the charge sheet has been filed not only for the offence under the Information

    Technology Act and also for the offence under the Bharatiya Nyaya Sanhita,

    2023. Therefore, the first respondent has got jurisdiction to investigate the case

    and file the final report. Therefore, the Trial Court rightly had taken cognizance

    against the petitioner for the charges under Sections 296(b), 79, 351(3) of

    Bharatiya Nyaya Sanhita, 2023 and Section 67 of Information Technology

    Amendment Act, 2008.

    6. Heard the learned counsel appearing for the petitioner and the

    learned Counsel for Government of Tamil Nadu (Criminal Side) appearing for

    the first respondent. Though notice has been served on the second respondent

    and his name is printed in the cause list, none appeared on his behalf either in

    person or through pleader. Perused the materials available on record.

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    7. The crux of the allegations is that the petitioner published

    photograph of the second respondent on social media along with defamatory,

    abusive and derogatory remarks. Thereafter, the petitioner also contacted the

    office bearers of the Union over the telephone, abused them in filthy language

    and threatened them with dire consequences.

    8. A perusal of the materials available on record including the charge

    sheet reveals that there is no material to show that the petitioner had published

    the photograph of the second respondent along with any defamatory, abusive

    and derogatory remarks. Now, the alleged social media posts are no longer

    available. A perusal of the photograph allegedly posted by the petitioner is

    clear photograph of the second respondent and it does not contain any

    defamatory, abusive and derogatory remarks over the second respondent.

    Further, even according to the second respondent, the petitioner had only

    contacted the office bearers of the Union over the telephone, abused them in

    filthy language and threatened them with dire consequence. There is no specific

    allegation that the petitioner extended any such threat directly to the second

    respondent.

    9. In order to attract the offences under Section 294(b) of IPC, there

    must be an uttering of words to affect the person who lodged the complaint. In

    this regard it is relevant to extract the Section 294(b) of IPC, as follows :-

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    “294. Obscene acts and songs —Whoever, to
    the annoyance of others— (a) does any obscene act
    in any public place, or (b) sings, recites or utters
    any obscene song, ballad or words, in or near any
    public place, shall be punished with imprisonment
    of either description for a term which may extend
    to three months, or with fine, or with both.”

    10. Admittedly, there is absolutely no words uttered by the petitioner

    as such to constitute the offence under Section 294(b) of IPC, there is no

    averments and allegations. Further the charges do not show that on hearing the

    obscene words, which were allegedly uttered by the petitioner, the witnesses felt

    annoyed. No one has spoken about the obscene words, they felt annoyed and in

    the absence of legal evidence to show that the words uttered by the petitioner

    annoyed others, it cannot be said that the ingredients of the offence under

    Section 294(b) of IPC is made out. It is relevant to rely upon the judgment

    reported in 1996(1) CTC 470 in the case of K.Jeyaramanuju Vs. Janakaraj &

    anr., which held as follows :-

    “To prove the offence under Section
    294
    of IPC mere utterance of obscence
    words are not sufficient but there must be a
    further proof to establish that it was to the
    annoyance of others, which is lacking in the
    case.”

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    The above judgment is squarely applicable to the present case and therefore, the

    offence under Section 294(b) of IPC is not at all attracted as against the

    petitioners.

    11. Insofar as the offence under Section 506(i) of I.P.C is concerned, to

    attract the offence, threat and intention to cause an alarm are main ingredients.

    The third ingredient is that the intention must be to cause any person to do any

    act which he is not legally bound to do or to omit to do any act which that

    person is legally entitled to do, subsequent to the main ingredients. Whereas in

    the case on hand, even according to the case of the prosecution, the alleged

    threats issued by the petitioner were only empty threats and they had no effect

    on the complainant.

    12. In this regard, it is relevant to rely upon the judgment of this Court

    made in Crl.O.P.(MD)No.11030 of 2014 in the case of Abdul Agis Vs. State

    through the Inspector of Police, which reads as follows:-

    “7.It is seen from the statements recorded under Section
    161(3)
    of Cr.P.C. of the second respondent/ defacto
    complainant that it does not contain any obscene words, which
    were uttered by the petitioner herein and the entire allegations
    are very simple in nature. It is also seen from the statement of
    one Uthami, that the petitioner threatened the defacto
    complainant with dire consequences when he dashed the
    defacto complainant. The entire allegations are trivial in
    nature. Further, to attract the offence under Section 506(i) of
    I.P.C., there was a threatening only by words. As pointed by
    the learned counsel appearing for the petitioner, the threat
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    should be a real one and not just a mere word when the petition
    uttering does not exactly mean what he says and also when the
    person to whom threat is launched does not feel threatened
    actually. Therefore, the offences under Sections 294(b) and
    506(i) of I.P.C. are not made out as against the petitioner
    herein and also the entire criminal proceedings is clear an
    abuse of process of Court. Therefore, this Court is inclined to
    quash the entire proceedings.”

    13. In this regard, it is relevant to extract the judgement reported in

    (1992) SCC Crl. 426 in the case of Bajanlal v. State of Haryana, wherein the

    Hon’ble Supreme Court of India has listed out the following category of case in

    which the criminal proceedings can be quashed using the inherent jurisdiction

    of the High Court under Section 482 Cr.P.C.:

    “102……….

    ……………….

    7. Where a criminal proceeding is manifestly
    attended with malafide and/or where the
    proceedings is maliciously instituted with an
    ulterior motive for wrecking vengeance on the
    accused and with a view to spite him due to private
    and personal grudge.”

    Therefore, the impugned complaint is nothing but clear abuse of process of law

    and it cannot be sustained as against the petitioner.

    14. Insofar as the offence punishable under Section 509 of IPC is

    concerned, it is well settled that, to attract the said provision, there must be a

    specific act, gesture or word intended to insult the modesty of a woman. A

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    vague or bald allegation, bereft of specific particulars, is insufficient to sustain a

    charge under Section 509 of IPC. On perusal of the entire records, there are no

    such allegations in order to insult the modesty of the second respondent.

    Further, no authenticated electronic records appears to have been collected and

    annexed by the first respondent along with the final report. There is absolutely

    no material to demonstrate that the petitioner had posted on social media

    containing defamatory or derogatory remarks against the second respondent. In

    view of the above, the ingredients of the offence are not made out.

    15. Insofar as the offence under Section 67 of the Information

    Technology Act, 2000, is concerned, it is relevant to extract the provision under

    Section 78 of the Information Technology Act, which reads as follows :

    “Notwithstanding anything contained in the Code of
    Criminal Procedure
    , 1973, a police office not below the rank of
    Inspector shall investigate any offence under this Act”.

    16. Thus, it is clear that it confers exclusive power to investigate the

    I.T.Act offences to a police officer not below the rank of Inspector, who is

    expected to have certain degree of expertise/knowledge to handle investigation

    of a technical offence. Admittedly, in the case on hand, the first respondent,

    who is Sub Inspector of Police, completed the investigation and filed a final

    report. In view of the bar under Section 78A of the Information Technology

    Act, the first respondent is an incompetent authority to conduct investigation.

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    17. In this regard, the learned Counsel for Government of Tamil Nadu

    (Criminal Side) submitted that if any miscarriage of justice done or any

    prejudice caused to the accused by the incompetent investigating officer, the

    entire proceedings cannot be sustained. However, in the case on hand, the

    petitioner failed to establish that any miscarriage of justice done or prejudice

    caused to the petitioner. In support of his contention, he relied upon the

    Judgment of the Hon’ble Supreme Court of India reported in 1955 SCR (1) 1150

    in the case of H.N.Rishbud and Inder Singh Vs. The State of Delhi, wherein it

    was held as follows .

    “If, therefore, congnizance is in fact taken, on a
    police report vitiated by the breach of a mandatory
    provision relating to investigation, there can be no
    doubt that the result of the trial which follows it
    cannot be set aside unless the illegality in the
    investigation can be shown to have brought about a
    miscarriage of justice. That an affect the competence
    and the jurisdiction of the Court for trial is well
    settled as appears from the cases in Prabhu V.
    Emperor
    (1) and Lumbhardar Zutshi V. The King (2).
    These no doubt relate to the illegality of arrest in the
    course of investigation while we are concerned in the
    present cases with the illegality with reference to the
    machinery for the collection of the evidence. This
    distinction may have a bearing on the question of
    prejudice or miscarriage of justice, but oth the cases
    clearly show that invalidity of the investigation has no
    relation to the competence of the Court. We are
    therefore, clearly, also, of the opinion that where the
    cognizance of the case has in fact been taken and the
    case has proceeded to termination, the invalidity of
    the precedent investigation does not vitiate the result,
    unless miscarriage of justice has been caused there.

    It doest not follow, however, that the invalidity
    of the investigation is to be completely ignored by the
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    Court during trial. When the breach of such a
    mandatory provision is brought to the knowledge of
    the Court at a a sufficiently early stae, the Court,
    while not declining cognizance, will have to take the
    necessary steps to get the illegality cured and the
    defect rectified, by ordering such reinvestigation as
    the circumstances of an individual case may call for.”

    18. It is true that the entire final report is vitiated if any breach of

    mandatory provisions relating to investigation. In the case on hand, admittedly

    the first respondent is incompetent to investigate in respect of the offence under

    the Information Technology Act. The crux of the allegation is against the

    petitioner that he posted the photograph of the second respondent on social

    media along with defamatory, abusive and derogatory remarks. Further, he also

    contacted the office bearers of the second respondent’s Union over telephone

    and threatened them with dire consequences by using obscene words and also

    sent Whatsapp messages. In order to investigate of such allegations, the

    Inspector of Police is competent authority to investigate, since the Inspector of

    Police expected to have certain degree of expertise/knowledge to handle

    investigation of a technical offence. Therefore, there is miscarriage of justice

    and serious prejudice caused to the petitioner. Hence, the entire investigation

    done by the first respondent is vitiated and liable to be quashed.

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    19. In view of the above, the entire proceedings in C.C.No.1744 of

    20025 on the file of the XI Metropolitan Magistrate, Saidapet, Chenani, is

    hereby quashed and the Writ Petition (Criminal) stands allowed. Consequently,

    connected miscellaneous petitions are closed. No costs.

    09-07-2026
    Index: Yes/No
    Speaking/Non-speaking order
    Neutral Citation: Yes/No

    LPP

    To

    1.The Sub Inspector of Police,
    CCD-I,
    Chennai West,
    Greater Chennai City Police.

    2.The Public Prosecutor,
    High Court of Madras,
    Chennai.

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    G.K.ILANTHIRAIYAN J.

    LPP

    WP Crl. No. 1414 of 2025
    and
    WPMP Crl. Nos. 686 & 687 of 2025

    09-07-2026

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