IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 23.02.2026 CORAM:

THE HON'BLE MR. JUSTICE A.D.JAGADISH CHANDIRA Crl.RC.No.324 of 2026 and Crl.M.P.No.2391 of 2026 Dr.Thol.Thirumavalavan S/o. Tholkappian, R-62 II Avenue, TNHB Colony Velachery, Chennai - 600 042. ... Petitioner Vs.

The State represented by The Station House Officer, Orleanpet Police Station, Pondicherry - 605 007.

... Respondent Criminal Revision Petition filed under Section 397 of Cr.P.C/ 438 of Bharatiya Nagarik Suraksha Sanhita, to call for the records and set aside the order passed in Crl.M.P.No.60 of 2025 in C.C.No.484 of 2024 dated 24.11.2025 on the file of the Judicial Magistrate Court No-I, Puducherry, by allowing the Criminal Revision.

For petitioner : Ms.S.Deepika For respondent : Mr.M.V.Ramachandra Murthy Public Prosecutor, Government of Puducherry assisted by Mr.A.Alexander Government Advocate (Puducherry)

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O R D E R

This Criminal Revision Petition has been filed calling into question the legality and validity of the order dated 24.11.2025 passed in Crl.M.P.No.60 of 2025 in C.C.No.484 of 2024 on the file of the Judicial Magistrate Court -I, Puducherry.

2. The petitioner is the sole accused facing trial in C.C.No.484 of

2024, on the file of the Judicial Magistrate Court-I, Puducherry, for the offences under Sections 153A(a)(b)(c), 295A, 504 and 505(II) of IPC.

3. The case of the prosecution is that on 08.01.2014, at about 10.00 a.m., the VCK Party of Puducherry conducted a public meeting at Maraimalai Adigal Salai in Puducherry, opposite to Sudesi Mill, under the leadership of Thiru.Pavanan, State Secretary, VCK party. During the meeting, the petitioner used derogatory words towards rival political party and other community people as well as State Government officials about their caste, profession, nature of income, etc., used unparliamentary words about their daily activities by using their caste name, etc., induced the party members to do some unlawful activities against the other community people, instigated the VCK community youngsters against other community people, created life threat and attempted to commit unlawful activities against other community people and to create communal clash between two communities. Hence, the case.

4. Ms.S.Deepika, learned counsel appearing for the petitioner would submit that the alleged incident is said to have happened on 08.01.2014 and based on the complaint given by the rival political party, the case was registered for the offences under Sections 153A(a)(b)(c), 153B(c), 295A, 504, 505(1)(b)(c) and 505(II) of IPC; after investigation, the respondent police filed a final report before the Judicial Magistrate-II, Puducherry for the offences under Sections 153A(a)(b) (c), 295A, 504 and 505(II) of IPC belatedly on 21.05.2018 beyond the period of limitation of three years and thus, there is bar for taking cognizance; further, since the provisions of Sections 153 and 505 IPC have been invoked, as per Section 196(1A) of Cr.P.C., the respondent ought to have obtained sanction from the Central Government or the State Government, as the case may be, for proceeding further, but, in the instant case, the respondent has not obtained sanction; hence, the petitioner filed a petition in Crl.M.P.No.60 of 2025 in C.C. No.484 of 2024 seeking discharge; but, the learned Trial Judge, without considering the same in its proper perspective, has dismissed the application; hence, the present revision. 5. Per contra, Mr.M.V.Ramachandra Murthy, learned Public Prosecutor (Puducherry) appearing for the respondent Police, would submit that the petitioner had delivered a speech in a public meeting, creating animosity between the persons belonging to two groups and thus, intended to cause dispute and attempted to provoke breach of peace, besides insulting the officials of the Government. However, while admitting that no sanction has been obtained, he submitted that the matter may be remanded to the Trial Court for obtaining sanction.

6. Heard