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WhatsApp message case; High Court flays cops

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Bengaluru, 20 Mar 2019 [Fik/News Sources]: A doctor who is serving as Medical Superintendent at CSI Hospital in Chitradurga has been accused of posting a message in a WhatApp Group on February 27, which reads, “If Modi is either shot or is killed by means of a bomb blast, memorial could be constructed and there is no hurry or urgency”.

Later, the Chitradurga Town Police registered an FIR against Dr Rathish Johnson, under various sections of 505 (1) (B) and 504 of the IPC.

The doctor appro—ached HC seeking to quash the FIR on grounds that the offen—ces against him are non-cognisable, but jurisdictional police have registered FIR without orders from the magistrate concerned.

“Jurisdictional police is required to enter the same in the register and refer the informant to the Magistrate and unless there is an order by the Magistrate, the registration of FIR or for the matter of conducting the investigation would not arise,” the petitioner said in his petition. The HC came down on the IO concerned with committing the procedural lapses,

While asking the state advocate, the court observed, “Why can't I initiate proceedings against the IO? Either you (state) do it or I will get it done through senior police officers.” Meanwhile the court has directed the state not to precipitate the matter until next date of hearing in respect of doctor's case, and adjourned the hearing.

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