The Karnataka High Court on Tuesday refused to quash criminal proceedings against a Mangaluru resident accused of circulating an audio clip during the COVID-19 lockdown that allegedly spread false information and communal distrust. Justice Sachin Shankar Magadum observed that the content of the clip “cannot be treated as mere criticism of governance” and warrants a full-fledged trial.
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Background
The petitioner, Althaf Hussain alias Althaf Moosa, 39, from Ullal village in Mangaluru, had sought relief under Section 482 of the Criminal Procedure Code a provision allowing courts to quash cases when continuation amounts to abuse of process. He faced trial under Section 153 of the Indian Penal Code (IPC) for provoking public disorder.
According to the complaint filed in 2020, Hussain allegedly circulated an audio message in a WhatsApp group during the early days of the pandemic. The recording, investigators claim, contained sharp remarks against the state government, the local MLA, and health officials, accusing them of corruption and mishandling the crisis. The audio, police said, also carried comments that could “disturb communal harmony.”
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Court’s Observations
The bench heard arguments from both sides. Counsel for the petitioner argued that even if the charge sheet were accepted as true, the allegations did not fit the legal definition of promoting enmity or disorder. He cited several precedents, including Aroon Purie v. H.L. Varma and Dr. Anbumani Ramadoss v. State of Tamil Nadu, asserting that continuing the prosecution would be “an abuse of process.”
However, Additional State Public Prosecutor Rashmi Jadhav countered that the clip went far beyond criticism and was “provocative in nature, intended to mislead the public at a highly sensitive time.” She pointed out that despite summons in August 2024, the petitioner had not appeared before the trial court, leading to a non-bailable warrant.
Justice Magadum agreed with the prosecution’s stance, observing:
“The translated audio clipping, coupled with the statements made, prima facie discloses material warranting a trial. The petitioner cannot derive any benefit from the precedents relied upon.”
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The Court noted that the recording accused the local MLA of charging ₹40,000 per COVID treatment and included derogatory references to other communities. “Such remarks, during a period of public fear, could have easily caused panic and disrupted peace,” the judge remarked.
Decision
Concluding that there was enough material to proceed, the High Court dismissed Hussain’s petition. It held that whether his statements were made “recklessly, maliciously, or with disregard to the crisis” could only be decided through trial.
“This Court is not persuaded to exercise its inherent jurisdiction. The petition stands dismissed as devoid of merit,” Justice Magadum declared.
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With that, the Karnataka High Court cleared the way for the Mangaluru man’s trial to continue before the 7th JMFC Court in Dakshina Kannada district.
Case: Karnataka High Court Rejects Plea to Quash Case Over COVID-19 WhatsApp Audio Clip from Mangaluru
Case Type & No.: Criminal Petition No. 7272 of 2025
Petitioner: Althaf Hussain @ Althaf Moosa, 39, resident of Ullal Village, Mangaluru
Respondents:
- Abdul Rauof C.M. (Complainant)
- State of Karnataka (through Ullal Police Station)
Date of Order: September 2, 2025
