ORDER

1.The Criminal Original Petition has been filed to quash the FIR in Crime No.11 of 2023 for the offences punishable under sections 153, 153A and 505(1)(b) IPC, 1860 on the file of the 1^st respondent Police in respect of the petitioner alone.

2. The facts of the case are that the Minister, while addressing the gathering in the aforementioned conference on 02.09.2023 had stated,

“… only a few things can be resisted. Some have to be eliminated. In that sense, even Sanathan must be eliminated. We cannot resist mosquito, dengue, coronavirus. They must be eliminated. In that sense, even Sanathana must be eliminated...”

While drawing an analogy between diseases, such as coronavirus, dengue fever, malaria and the Sanathana Dharma and the need for their elimination. The petitioner / accused had replied to the said speech of the minister in his twitter account.

3. The case of the prosecution as stated by the defacto complainant is that the petitioner's action of sharing a video featuring Mr. Udhayanidhi Stalin, the Hon'ble Minister of Youth Welfare and Sports, Government of Tamil Nadu, wherein the video captures minister Mr. Udhayanidhi Stalin attending and delivering a speech as Special Gu