Isabella Mariam

The High Court of Karnataka, Kalaburagi Bench, Single Bench of Justice Rajesh Rai K, quashed criminal proceedings against a man who had been charged under the obscenity provision of the Information Technology Act for sending a WhatsApp message to the complainant expressing disapproval over the latter and his brother having invited Hindu priests to the inauguration of a function hall, on the ground that the priests disrespected Muslims. The Court found that the message did not contain any obscene material and that the ingredients of the said provision were not attracted, making continuation of proceedings an abuse of the process of court.

The petitioner approached the High Court by filing a petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking to set aside the order taking cognizance dated 13.06.2022 and to quash the charge-sheet filed for an offence punishable under Section 67 of the Information Technology Act, 2008. The proceedings arose from a complaint lodged on 13.11.2021 before Chowk Police Station, Kalaburagi.

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According to the complaint, the second respondent alleged that during preparations for the inauguration of a Kalyana Mantapa constructed by his brother, a WhatsApp message was received from the petitioner on 13.11.2021. The message objected to the invitation of Hindu priests to the inaugural function and allegedly contained statements referring to the conduct of Hindu religious leaders towards Muslims. Based on this complaint, Crime No.139/2021 was registered under Section 67 of the IT Act. After investigation, the police filed a charge-sheet.

The petitioner contended that even if the allegations in the complaint were taken at face value, the ingredients of Section 67 of the IT Act were not attracted. The State opposed the petition, submitting that investigation had been completed and a charge-sheet filed, and therefore the proceedings ought not to be quashed.

The Court recorded, “This petition is filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023, seeking to set aside the order of cognizance dated 13.06.2022 and to quash the charge-sheet… for the offence punishable under Section 67 of the Information Technology Act, 2008.”

While examining the complaint, the Court noted, “As could be gathered from the complaint averments, it is stated that the complainant has received the whatsapp message on 13.11.2021 at about 07.00 p.m. from the mobile number of the petitioner…” and reproduced the contents of the message in the order.

Upon consideration of the message, the Court observed, “On careful examination of the above whatsapp message, the same reveals that the petitioner has questioned the presence of Hindu religious priests in the inaugural ceremony of the function hall by stating that, they treated Muslims very badly and also didn't respect them.”

The Court extracted Section 67 of the IT Act and thereafter stated, “On careful perusal of the above provision, it is clear that the petitioner has not sent any such obscene messages, neither published nor transmitted any obscene messages to the complainant.” It further recorded, “The ingredients of Section 67 of the I.T.Act, does not attract in the case on hand.”

Addressing the continuance of proceedings, the Court observed, “In such circumstances, even if a trial is conducted against this petitioner, it is a futile exercise.” The Court then stated, “After considering the entire allegation taken on its face value, no offence has been made out against the petitioner, which he has been charge sheeted.”

Finally, the Court recorded its view that, “In such circumstances, I am of the considered view that, the continuation of proceedings is nothing but abuse of process of Court and same is liable to be quashed.”

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The Court directed, “Accordingly, the petition is allowed. The order of taking cognizance and issuance of summons dated 13.06.2022 on the file of III-Addl. Civil Judge and JMFC, Kalaburagi is set aside.”

“The charge-sheet in C.C.No.12380/2022, arising out of Crime No.139/2021 of Chowk Police Station, Kalaburagi, for the offence punishable under Section 67 of the Information Technology Act, 2008… is hereby quashed.”

Advocates Representing the Parties

For the Petitioner: Sri Ashok Mulage, Advocate

For the Respondents: Sri Gopal Krishna B. Yadav, High Court Government Pleader

Case Title: Abdul Khavee v. State of Karnataka & Anr.
Neutral Citation: NC: 2026: KHC-K:1065
Case Number: Criminal Petition No. 202013 of 2025
Bench: Justice Rajesh Rai K