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Synopsis

The Madras High Court on July 30, 2024, quashed a criminal case against R Natraj, the former Tamil Nadu Director General of Police and ex-AIADMK MLA. The case against Natraj, which was registered in November 2023 by Trichy police, involved allegations that Natraj spread false information about Chief Minister MK Stalin and the ruling Dravida Munnetra Kazhagam (DMK).

The complaint in the case was filed by Sheela, a member of the DMK’s Trichy central district advocates’ wing, who claimed Natraj had forwarded a message in a WhatsApp group of 73 members, asserting that the DMK did not want any “Hindu votes.” The message was alleged to be intended to sow discord and ill-will between different groups.

However, in his application filed under Section 482 of the CrPC seeking to quash the case, Natraj submitted that the message allegedly forwarded by him was shared only within an internal WhatsApp group, and the complainant, Sheela, was not a recipient of the message. It was claimed that Natraj was falsely implicated, as the real creator and circulator of the offensive message had not been held accountable.

Advocate General PS Raman, representing the Tamil Nadu government, submitted before the court that the prosecution would not proceed if Natraj genuinely regretted his actions and distributed a copy of his affidavit in the WhatsApp group.

On the other hand, the senior counsel for Natraj stated that while Natraj denied forwarding the offensive message, acknowledging the unwanted repercussions it had caused, he would send the affidavit he swore, in the WhatsApp group where the message was allegedly shared in his name. 

In the affidavit, Natraj expressed regret for the accusations made against him and he unequivocally conveyed his respect for M.K. Stalin, Chief Minister of Tamil Nadu. Additionally, he stated that he would neither support nor endorse the alleged message in any manner.

The counsel appearing for the complainant also submitted that she would be satisfied if Natraj forwarded the affidavit copy to the WhatsApp group in which the offensive message was purportedly forwarded in his name.

The bench of Justice G Jayachandran noted these submissions and quashed the proceedings for the alleged offence under Section 153, 153A, 504, 505(1)(b), 505(1)(c), 505(2) of the I.P.C and Section 66 D of the Information Technology (Amendment Act) 2008.

Case Title: Mr.R.Natraj, Former DGP/Ex.MLA v. The Inspector of Police, Cyber Crime Department-III, Subramaniyapuram and Another