The Madras High Court has held that collecting donations online for a public cause without prior government approval may invite administrative objections, but it does not automatically amount to cheating or criminal breach of trust, while quashing an FIR against YouTuber S. Karthik Gopinath over a crowdfunding campaign that raised more than Rs 33 lakh for the restoration of damaged temple idols.
Justice D. Bharatha Chakravarthy was hearing a petition filed under Section 482 of the Cr.P.C. by the petitioner, seeking to quash the FIR in Crime No.4 of 2022 registered on the file of the Inspector of Police, City Crime Branch, Avadi, for offences under Sections 406 and 420 of the IPC and Section 66D of the Information Technology Act, 2000.
The allegation against the petitioner was that he had posted messages on various social media platforms and other digital resources projecting himself as undertaking the thirupani work of restoring murtis belonging to the Arulmigu Mathurakaaliamman Thirukoil, Siruvachur, and had collected money for the purpose without authorisation from the Hindu Religious and Charitable Endowments Department or the temple, and had misappropriated the same.
The facts, as recorded by the court, show that after the idols of two subsidiary shrines of the temple were damaged in October 2021, the petitioner uploaded a YouTube video and launched a crowdfunding campaign through MILAAP, collecting a total sum of Rs 33,28,924. On 14.10.2021, he issued stop instructions to the portal, and thereafter obtained quotations from craftsmen and sculptors for the restoration work.
The court noted that neither the Government Advocate nor counsel appearing for the temple could point to any money having been misappropriated or spent otherwise by the petitioner, the only expenditure having been an amount paid to the Sthapathi. “I find no criminal intention of misappropriating the amount by the petitioner… There is no allegation of wrongful gain or wrongful loss since the amount is duly and faithfully handed over to the Court account. From the inception and up to the end, there is no dishonest intention.”
Recording that the petitioner and the other parties were in consensus that the entire amount could now be handed over to the temple for renovating the idols and other temple works, the court quashed the case in Crime No. 4 of 2022 against the petitioner. It directed that the sum lying to its credit, along with accrued interest, be paid out to the Arulmigu Mathurakaaliamman Thirukoil, Siruvachur.
Madras High Court: Temple crowdfunding without prior approval not cheating unless funds are misused; FIR against YouTuber S. Karthik Gopinath quashed, Rs 33 lakh to be transferred to temple.
When devotion moves people to give, the law must see intent before it sees offence.
