Political criticism on social media is protected under the fundamental right to freedom of speech, and FIRs based on third-party complaints are procedurally unsustainable if filed without a legitimate aggrieved party.

ORDER :

1. I have heard Mr. T.V. Ramana Rao, learned counsel for petitioners and Mr. Palle Nageshwar Rao, learned Public Prosecutor, representing the respondent No.1-State.

2. As the crimes are arising out of similar factual matrix and the petitioner/accused is alleged to have committed the offences within the scope of self same sections of prosecution, these matters were heard together and are being adjudicated in this common order.

3. Criminal Petition No. 4905 of 2025 has been filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘the BNSS’) seeking quashment of the proceedings in FIR No. 8 of 2025 registered at Police Station, CCPS Ramagundam, Telangana Cyber Security Bureau (“TSCSB”) against the petitioner/accused.

Pursuant to a report lodged by Respondent No. 2, the said police station registered a case alleging commission of offences under Sections 192, 353(1)(b), 352, and 356 read with Section 61(2) of the Bharatiya Nyaya Sanhita, 2023 (“BNS”) and Section 67 of the Information Technology Act, 2008 (“ITA, 2008”). The allegation is that the petitioner, using the Twitter handle @Nallabalu, posted a tweet criticising the Congress Party in the following terms:

“Congress is the scourge of the state! If the field is affected by the pest, the people will be disturbed.”

4. Criminal Petition No. 4903 of 2025 is likewise filed under Section 528 of BNSS, 2023 seeking quashment of the proceedings in FIR No. 13 of 2025 registered at Police Station, CCPS Karimnagar, TSCSB, against the petitioner/accused. On the basis of a report by Respondent No. 2, the police registered a case for offences punishable under Sections 192, 353(1)(b), 352, and 356 read with Section 61(2) of BNS, along with Section 67 of ITA, 2008. It is alleged that the petitioner posted on Twitter a photograph of the Hon’ble Chief Minister of Telangana with the caption:

“No Vision, No Mission, Only 20% Commission! This is how the 15-month rule of the Revanth Reddy led Congress Government is in Telangana.”

The complainant, a police constable, alleges that this post was intended to provoke public unrest, defame the Chief Minister, and disturb public tranquility.

5. Criminal Petition No. 8416 of 2025 has also been filed under Section 528 of BNSS, 2023, seeking quashment of proceedings in FIR No. 146 of 2025 registered at Police Station, GDK-I Town, Ramagundam, against the petitioner (arrayed as Accused No.2).

On 18.03.2025, Respondent No. 2 lodged a complaint alleging that, on 04.03.2025 and 11.03.2025, while browsing the social media platform “X” (formerly Twitter), he encountered allegedly vulgar and abusive messages posted by two individuals, including the petitioner, targeting the Hon’ble Chief Minister of Telangana. The case has been registered for offences punishable under Sections 352 and 356(2) read with Section 3(5) of BNS.

6. Learned counsel for the petitioner contends that the impugned tweets constitute an exercise of the petitioner’s fundamental right to freedom of speech and expression, made on social media purely as expressions of political opinion, without any intent to incite violence or disturb public peace. Consequently, the essential ingredients of the offences under Sections 352 and 353 of the Bharatiya Nyaya Sanhita, 2023 (for short ‘the BNS’) are