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Crl.O.P.(MD)No.864 of 2026

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED : 27.02.2026

CORAM:

THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI

Crl.O.P.(MD)No.864 of 2026

and Crl.M.P(MD).No.932 2026

K.Tamil Selvan ... Petitioner

Vs.

State of Tamilnadu

rep., by the Inspector of Police,

Dindigul Taluk Police Station,

Dindigul District.

Crime No.318 of 2025 ... Respondent

PRAYER : Petition filed under Section 528 of BNSS, 2023 to call for the

records relating to the FIR in Crime No.318 of 2025 on the file of the

respondent police and quash the same as illegal this petitioner concerned.

For Petitioner : Mr.P.Manikandan

For Respondent : Mr.M.Sakthikumar

Government Advocate (crl.side)

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Crl.O.P.(MD)No.864 of 2026

ORDER

Seeking quashment of the impugned FIR in Crime No.318 of 2025

registered for the offences under Sections 196(1)(a), 197(1)(c), 353(1)(c) and

353(2) of BNS, 2023 and Section 66 of the Information Technology Act, 2000,

on the file of the respondent police, this criminal original petition is filed.

2.The learned counsel for the petitioner submitted that, the case of the

prosecution is that, during the conduct of the “Kaliamman Temple Festival” in

the petitioner’s village, religious disputes arose between the Hindu and

Christian communities. Consequently, two First Information Reports in Crime

Nos. 313 and 314 of 2025 were registered on 28.05.2025 against the rival

parties. In the interregnum, while the dishormony in the village was still

continuing, on 25.05.2025, the petitioner allegedly posted a message along with

a photograph in his Facebook account, abusing persons who had converted

from the Hindu religion to Christianity. In this regard, a First Information

Report in Crime No. 318 of 2025 was registered for the aforesaid offences.

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Crl.O.P.(MD)No.864 of 2026

3.He categorically contended that the first information report deserves to

be quashed to secure the ends of justice and to prevent abuse of process of law.

He also pointed out that a clear reading of the first information report itself

would make it clear that the various offences added in the first information

report will not be made out as against the petitioner. In the absence of specific

overt act as against the petitioner, the first information report should necessary

be quashed and sought for the indulgence of this Court.

4.The learned Government Advocate (crl.side) submitted that the

Facebook post made by the petitioner was with the intent of aggravating the

prevailing communal tension between the two communities on the said date.

Hence, a clear overt act is made out against the petitioner and sought for

dismissal of this original petition.

5.Heard either side and carefully perused the materials available on

record.

6.As per Section 196 (1)(a) and Section 197(1)(c) of BNS pertain to

offences relating to promoting enmity between different groups. However, a

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Crl.O.P.(MD)No.864 of 2026

careful reading of the Facebook post made by the petitioner would show that it

does not promote enmity between two groups, but is, at best, a general

statement regarding religious conversion.

7.As far as offences under Sections 353(1)(c) and 353(2) of BNS, the

same is with respect to statements conducting to public mischief. Section

353(1)(c) of BNS is with respect to those statement circulated with intent to

incite, or which is likely to incite, any class or community of persons to commit

any offence against any other class or community. In the instant case, the face

book posting in question cannot be construed as one hosted with intent to

incite, or which is likely to incite, any class or community of persons to commit

any offence against any other class or community.

8.As the offence under Section 353(2) of BNS is with respect to

circulating any false information, rumour or alarmin