Madras High Court
Valarmathi vs State By on 6 July, 2022
Crl.O.P.No.7 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 06.07.2022
CORAM
THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR
Crl.O.P.No.7 of 2022
Valarmathi ... Petitioner
Vs.
1. State by,
The Inspector of Police,
R-10 MGR Nagar Police Station,
Chennai.
(Crime No.858 of 2021)
2. Rajesh ... Respondents
Prayer: Criminal Original Petition is filed under Section 482 Cr.P.C., pleased to
call for the records in Cr.No.858 of 2021 on the file of the first respondent police
station and quash the same.
For Petitioner : Mr.M.Radhakrishnan
For R1 : Mr.A.Gokulakrishnan
Additional Public Prosecutor
For R2 : No Appearance
1/6
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Crl.O.P.No.7 of 2022
ORDER
This Criminal Original Petition has been filed seeking to quash the First
Information Report in Cr.No.858 of 2021 against the petitioner for the offence
under Sections 153 A, 505(1)(b) and 505(2) of IPC, on the file of the first
respondent Police.
2. The crux of the allegation in the FIR is that the petitioner had posted
some message in the facebook, stating that there was some injustice happening to
the women working in the multi national company and the Police are also acting
in support of the management and unleased the violence against the labourers and
it also requests to give medical attention to the workers who died out of food
poisoning. Thereby, the Sections 153 A, 505(1)(b) and 505(2) of IPC is slapped.
3. Heard the learned counsel appearing for the petitioner and the learned
Additional Public Prosecutor appearing for the respondent Police.
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Crl.O.P.No.7 of 2022
4. Admittedly, it is not the case of the prosecution that the petitioner has
any intention to cause any member of the Army, Navy or Air Force to mutiny or
otherwise, disregard to fail in his duty as such; or to cause fear or alarm to the
public or a section of the public which may induce the commission of an offence
against the State or against the public tranquility; or to incite or which is likely to
incite one class or community of persons to commit an offence against any other
class or community. In this regard it is relevant to refer the judgment of the
Hon'ble Apex Court in the case of Kedar Nath Singh vs. State of Bihar reported
in (1962) 2 Cri LJ 103, wherein it has been held as follows:-
“29. It is only necessary to add a few observations
with respect to the constitutionality of Section 505 of the
Indian Penal Code. With reference to each of the three
clauses of the section, it will be found that the gravamen of
the offence is making, publishing or circulating any
statement, rumour or report (a) with intent to cause or which
is likely to cause any member of the Army, Navy or Air
Force to mutiny or otherwise, disregard to fail in his duty as
such; (b) or to cause fear or alarm to the public or a section
of the public which may induce the commission of an offence
against the State or against the public tranquility; (c) or to
incite or which is likely to incite one class or community of
persons to commit an offence against any other class or
community. It is manifest that each one of the constituent
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Crl.O.P.No.7 of 2022
elements of the offence under Section 505 has reference to,
and a direct effect on, the security of the State or public
order. Hence, these provisions would not exceed the bounds
of reasonable restrictions on the right of freedom of speech
and expression. It is clear, therefore, that clause (2) of Article
19 clearly saves the section from the vice of
unconstitutionality.”
5. In the light of the above judgment, in the present case, since the
petitioner was slapped under Sections 153 A, 505(1)(b) and 505(2) of IPC, the
allegations must in the nature of the terms with an intention to create riots among
public. Therefore, mere criticizing the Government machinery and claiming right
for medical facilities for the workers, do not attract the offence under Sections
153 A, 505(1)(b) and 505(2) of IPC and the First Information Report is liable to
be quashed.
6. Considering the above, the First Information Report in Crime No.858 of
2021 against the petitioner is quashed and the Criminal Original Petition stands
allowed.
06.07.2022
Speaking Order/Non-speaking Order
Index :Yes/No
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Crl.O.P.No.7 of 2022
ham
N. SATHISH KUMAR, J.
ham
To
1. The Inspector of Police,
R-10 MGR Nagar Police Station,
Chennai.
2. The Public Prosecutor,
High Court of Madras.
Crl.O.P.No.7 of 2022
06.07.2022
https://www.mhc.tn.gov.in/judis
Crl.O.P.No.7 of 2022
https://www.mhc.tn.gov.in/judis
