BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 01.12.2025 CORAM THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI Crl.O.P.(MD).No.21570 of 2025 and Crl.MP(MD)No.18544 of 2025

1.Rajamathan 2.Selvakumar

3.Arasupandi ... Petitioners / Accused Nos.1 to

3 Vs.

1.State of Tamil Nadu, Rep. by its The Inspector of Police, Avaniyapuram, Police Station, Avaniyapuram, Madurai City, (In Crime No. 601 of 2024) ... 1^st respondent / Complainant

2.Pandikannan ... 2^nd respondent /

Defacto Complainant Prayer : Criminal Original Petition is filed under Section 528 of BNSS, 2023, to call for the records pertaining to the First Information Report in Crime No.601/2024 on the file of the respondent police, and quash the same in so far as the petitioners are concerned.

For Petitioner : Mr.Niranjan S.Kumar For R-1 : Mr.B.Thanga Aravindh, Government Advocate (Crl. side)

ORDER

This Criminal Original Petition is filed seeking to quash the First Information Report in Crime No.601 of 2024 registered by the respondent police for alleged offences under Sections 192,196(1)(a), 197(1)(a),197(1)(c),352,353(1)(c) and 353(2) of the Bharatiya Nyaya Sanhita, 2023, corresponding to Section 153, 153-A, 153-B , 504,505(1)(c) and 50592) and allied provisions of the Indian Penal Code as against the petitioners.

Factual background:

2.The petitioners are long-standing office bearers and members of the Hindu Munnani Organisation, which is a recognised social, cultural and public interest organisation actively involved in temple- related activities, cultural programmes and social service for several decades.

3.On 27.08.2024, the said organisation proposed to conduct a peaceful protest meeting at Villupuram Housing Board, Nagamma Temple area in order to highlight and condemn the attacks on Hindus reported in Bangladesh. The objective was to create awareness and express concern over human rights violations abroad.

4.The police authorities initially declined permission. Aggrieved by such refusal, the organisers approached this Court in W.P.(MD) No.19672 of 2024. This Court, by order dated 16.08.2024, permitted the protest and directed the respondent police to grant appropriate bandobust and ensure peaceful conduct of the event.

5.In compliance with the orders of this Court, the protest was held on 27.08.2024 under the leadership of the petitioners. Adequate police protection was provided. The petitioners addressed the gathering only on issues related to the attack on Hindus in Bangladesh and called for harmony and vigilance.

6.According to the petitioners, speeches delivered were general in nature, raising concerns about the safety of Hindus abroad and appealing for peace. No inflammatory statements, no communal targeting, and no calls for violence or unrest were made.

Prosecution version:

7.As per the FIR, the petitioners, along with other members of the Hindu Munnani Organisation, allegedly delivered statements capable of creating hatred between communities, thereby committing offences punishable under Sections 192, 196(1)(a), 197(1)(c), 352, 353(1)(c) and 353(2) of the Bharatiya Nyaya Sanhita, 2023.

8.It is alleged that the petitioners made “hateful remarks”, “inciting statements” and “objectionable comments” which, according to the FIR, could have disturbed public tranquillity.

9.No specific statement, no specific instance, and no particular utterance is recorded in the complaint. The FIR only alleges the generic expression that the petitioners “spoke in a manner inciting riots”.

Submissions:

10.The learned counsel for the petitioners submits that the FIR is vague, baseless, and does not disclose any offence. No specific speech or utterance is extracted in the FIR. The protest was held after obtaining express permission from this Court. The event was monitored by the police and no adverse report was prepared then. The FIR was registered two days after the protest, without any complaint from the public. The FIR is a result of political pressure and mala fide motives. All statements are prote