No Specific Allegation Of Nuisance: High Court Closes Case Over Allegedly Defamatory Messages Against Kerala CM & Ministers In WhatsApp Group

The case was registered after a complaint was made by the Chairman of the SAT Health Education Society (SATHHESH) to the Chief Minister that derogatory and insulting messages about the Kerala CM and other Ministers were being repeatedly posted in the WhatsApp group of the members of the SATTHESH by the administrator of the WhatsApp group and petitioners. After investigation, final report was filed alleging offences under Section 43 r/w 66 (computer-related offences) of the Information Technology Act and Section120 (o) (causing a nuisance to others through any means of communication) of Kerala Police Act. The petitioners approached the High Court seeking to quash all further proceedings in the case arguing that the allegations made do not constitute the ingredients of the offence.

Justice Kauser Edappagath agreed to the submission of the petitioners. He held that Section 120(o) of the Kerala Police Act would not be attracted when there is no allegation that the messages have caused nuisance to the complainants or any other person. The Court said that the mere allegation that the messages are derogatory or defamatory is not sufficient to attract Section 120(o).

The Court then observed that Section 66 of the IT Act deals with criminal liability for dishonestly or fraudulently causing damage to computer systems. The Court said that there is no allegation that the petitioner caused damage to a computer or computer system.

The Court said that since the complaint or investigation does not reveal the offence alleged, there is no useful purpose for allowing the criminal prosecution to continue.

Accordingly, the plea was allowed.

Counsel for the Petitioners: Advocates Arun B. Varghese, R. Sanjay Sankar

Counsel for the Respondents: Advocates Salim V. S., K. S. Haseena, Sangeetha Raj

Case No: Crl.M.C. 4741 of 2019

Case Title: Dipin Vidhyadharan and Another v State of Kerala and Another

Citation: 2025 LiveLaw (Ker) 328