Madras High Court Quashes Proceedings Against Former DGP For Allegedly Forwarding Offensive WhatsApp Message About MK Stalin

Justice G Jayachandran was inclined to quash the proceedings after Natraj expressed regret for his conduct and informed the court that he was willing to circulate the affidavit filed by him, expressing regret, in the WhatsApp group in which the offensive message was forwarded.

It was alleged that Natraj had forwarded a message in a WhatsApp group consisting of 73 members about a statement purported to have been made by MK Stalin. It was further alleged that the message was forwarded to create enmity and ill-will between the two groups.

Based on a complaint filed by one Sheela, an FIR was registered against Natraj by the Inspector of Police, Trichy for alleged offenses under Section 153, Section 153A, Section 504, Section 505(1)(b), Section 505(1)(c), Section 505(2) of the IPC and Section 66D of the Information Technology (Amendment) Act 2008.

Natraj argued that the message was forwarded to an internal WhatsApp group. He submitted that he was falsely implicated as if he had sent the message to the group without taking any action against the person who had created and circulated the offensive message. Further, Natraj also filed an affidavit showing his regard to the Chief Minister in unequivocal terms. He also submitted that he would not subscribe or endorse the alleged message in any manner.

The State informed that if Natraj was honestly regretting his conduct, then the State would not prosecute him provided that he circulated a copy of his affidavit in the WhatsApp group in which the alleged offensive messages were made. The complainant also informed the court that she would be satisfied if the affidavit copy was forwarded to the WhatsApp group.

Recording these submissions, the court allowed the petition and quashed the proceedings.

Counsel for the Petitioners: Mr.B.Kumar, Senior Counsel, for Mr.Govind Chandrasekar

Counsel for the Respondent: Mr.P.S.Raman, Advocate General, Assistant by, Mr.R.Muniyapparaj, Additional Public Prosecutor, Mr.G.Prabhakaran

Citation: 2024 LiveLaw (Mad) 297

Case Title: Natraj v Inspector of Police

Case No: Crl.O.P(MD).No.22911 of 2023