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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
N.ANAND VENKATESH
Thirumaran – Appellant
Versus
Inspector of Police, S.S.Colony Police Station, Madurai City – Respondent
ORDER :
N. ANAND VENKATESH, J.
This quash petition has been filed by A1 to quash the proceedings pending in C.C.No.548 of 2021 on the file of the learned Judicial Magistrate No.V, Madurai.
2. The second respondent who is an office bearer of a political party submitted a complaint stating that A1 gave an interview for a YouTube channel run by A2. During that interview, A1 is said to have made scandalous and false statements against the then Tamil Nadu State Finance Minister and his family members with the view to destroy their reputation. That apart, he also made provocative statements against all religions and thereby attempted to create breach of peace and communal harmony among religions. This interview was widely circulated and as a result, it caused disturbance among the party cadres and also the general public and it had the potential of breaking the public peace. Based on this complaint, the FIR came to be registered in Crime No.433 of 2021 for offence under Section 504 of IPC as against the petitioner and the person who was running the YouTube channel.
3. On completion of investigation, the police report was filed before the learned Judicial Magistrate No.V, Madurai, for offe
Statements made in interviews, though scandalous, do not constitute offences under Sections 504 and 505(2) of IPC without intent to provoke or create disharmony.
The judgment emphasizes the importance of proximate and direct nexus between expression and public disorder, and the need for evidence to establish mens rea in cases involving incitement of violence.
A speech made in a private meeting does not constitute an offence under Section 505(1)(b) IPC if it is not likely to induce public alarm, and fair criticism of judicial decisions is protected under c....
The court emphasized the importance of freedom of the press and the need to exercise inherent powers to prevent abuse of process of law.
The court upheld the fundamental right to freedom of speech, ruling that the petitioner's speech did not incite public disorder or hatred, and the complainant lacked standing to file the complaint.
T.V. Anchor cannot be held liable to any offensive comments spontaneously made by a Panelist during a News Debate.
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