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[1.0] Since all these petitions are filed seeking quashing of respective FIRs concerning same set of allegations for the offence punishable under Sections 120(B) and 505(1)(B) of the Indian Penal Code, 1860; section 54 of the Disaster Management Act and section 3 of the Police (Incitement to Disaffection) Act, 1922, all these petitions are heard, decided and disposed of by this common oral order.

[2.0] By way of present petitions under Section 482 of the Code of Criminal Procedure, 1973 (for short "CrPC"), respective petitioners are seeking quashing of FIRs, details of which are shown in table below, alleging offence punishable under Sections 120(B) and 505(1)(B) of the Indian Penal Code, 1860; section 54 of the Disaster Management Act and section 3 of the Police (Incitement to Disaffection) Act, 1922 alongwith all its consequential proceedings.

A plain reading of the aforesaid observations suggests that to establish essential ingredients of the offence under Section 505 of the IPC, the act must have the direct effect on the security of the State or public order. In the present case, the said essential element is missing and not found. The essential ingredients of Section 505 of the IPC are as under:

(i) That the accused made (published or circulated) any statement, rumour or alarming news;

[8.1] Herein, neither the police personnel nor any other government employee have committed any offence against the State or public tranquility. Merely based on apprehension or assumption, the petitioners cannot be booked for an offence under Section 505(1)(B) of the IPC. Even exception to section 505(1) of the IPC reads as under:

"Exception.- It does not amount to an offence, within the meaning of this section, when the person making, publishing or circulating any such statement, rumour or report, has reasonable grounds for believing that such statement, rumour or report is true and makes, publishes or circulates it in good faith and without any such intent as aforesaid."
is defined under section 52 of the IPC and under this provision, only due care and attention are required to constitute "good faith". Herein, bare reading of the FIR or evidence does not suggest any malice or intention on the part of the present petitioners and merely to form a group or to post any message qua legitimate demands of grade pay or any issue related to service would not implicate the present petitioners under Section 505(1)(B) of the IPC. Even, in absence of any malafide or malice on the part of the petitioners, no offence is made out under Section 505(1)(B) of the IPC. Even if, for the sake of argument it is assumed that there was a chance of breach of public tranquility or any commission of offence, even in that event also, police had ample power to take appropriate recourse or preventive measures under Section 107 of the CrPC. Even, this is not a case wherein there is possibility of commission of cognizable offence.