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Nalla Balu Durgam Shashidhar Goud vs The State Of Telangana
2025 Latest Caselaw 5378 Tel

Citation : 2025 Latest Caselaw 5378 Tel
Judgement Date : 10 September, 2025

Telangana High Court

Nalla Balu Durgam Shashidhar Goud vs The State Of Telangana on 10 September, 2025

Author: N. Tukaramji
Bench: N. Tukaramji
  IN THE HIGH COURT FOR THE STATE OF TELANGANA,
                    HYDERABAD

                             ***

    CRIMINAL PETITION Nos. 4905, 4903 & 8416 OF 2025

CRIMINAL PETITION No. 4905 OF 2025

Between:
      Nalla Balu @ Durgam Shashidhar Goud
                                           Petitioner/Accused
                           VERSUS

  1. The State of Telangana, represented by its Public
     Prosecutor, High Court for the State of Telangana.
  2. G.Satish
                                             Respondents
CRIMINAL PETITION No. 4903 OF 2025

Between:
      Nalla Balu @ Durgam Shashidhar Goud
                                           Petitioner/Accused
                           VERSUS

  1. The State of Telangana, represented by its Public
     Prosecutor, High Court for the State of Telangana.
  2. MA Wasim Akram
                                             Respondents
CRIMINAL PETITION No. 8416 OF 2025

Between:
      Nalla Balu @ Durgam Shashidhar Goud
                                           Petitioner/Accused
                           VERSUS
                                  2                                  NTR,J
                                             CRLPs_4905, 4903 & 8416_2025




     1. The State of Telangana, represented by its Public
        Prosecutor, High Court for the State of Telangana.
     2. Koutam Sathish
                                                     Respondents

           JUDGMENT PRONOUNCED ON: 10.09.2025

        THE HONOURABLE SRI JUSTICE N. TUKARAMJI

1.      Whether Reporters of Local newspapers
        may be allowed to see the Judgments?               : Yes

2.      Whether the copies of judgment may be
        Marked to Law Reporters/Journals?                  : Yes

3.      Whether His Lordship wishes to
        see the fair copy of the Judgment?                 : Yes


                                             ________________
                                              N. TUKARAMJI, J
                                3                                  NTR,J
                                           CRLPs_4905, 4903 & 8416_2025




        * THE HON'BLE SRI JUSTICE N. TUKARAMJI

 + CRIMINAL PETITION Nos. 4905, 4903 AND 8416 OF 2025

% 10.09.2025

# Between:

CRIMINAL PETITION No. 4905 OF 2025

Between:
      Nalla Balu @ Durgam Shashidhar Goud
                                           Petitioner/Accused
                           VERSUS

  1. The State of Telangana, represented by its Public
     Prosecutor, High Court for the State of Telangana.
  2. G.Satish
                                             Respondents
CRIMINAL PETITION No. 4903 OF 2025

Between:
      Nalla Balu @ Durgam Shashidhar Goud
                                           Petitioner/Accused
                           VERSUS

  1. The State of Telangana, represented by its Public
     Prosecutor, High Court for the State of Telangana.
  2. MA Wasim Akram
                                             Respondents
CRIMINAL PETITION No. 8416 OF 2025

Between:
      Nalla Balu @ Durgam Shashidhar Goud
                                           Petitioner/Accused
                           VERSUS
                                4                                    NTR,J
                                             CRLPs_4905, 4903 & 8416_2025




      1. The State of Telangana, represented by its Public
         Prosecutor, High Court for the State of Telangana.
      2. Koutam Sathish
                                                    Respondents


! Counsel for Petitioner      : Mr. T.V. Ramana Rao

^Counsel for the respondent(s) : Mr. Palle Nageshwar Rao,
                                 learned Public Prosecutor,
                                 representing respondent No.1-
                                 State.

<GIST:

> HEAD NOTE:


? Cases referred

   1. R. Rajagopal v. State of Tamil Nadu (1994)

   2. Maneka Gandhi v. Union of India (1978),

   3. Rangarajan v. P. Jagjivan Ram (1989)

   4. Subramanian Swamy v. Union of India (2016) 7 SCC 221

   5. Shreya Singhal v. Union of India (2015) 5 SCC 1

   6. Kedar Nath Singh v. State of Bihar (1962) SCR Supl. (2)
      769

   7. Lalita Kumari v. Govt. of U.P. (2014) 2 SCC 1

   8. Arnesh Kumar v. State of Bihar (2014) 8 SCC 273

   9. State of Haryana v. Bhajan Lal, 1992 Supp (1) SCC 335
                                  5                                  NTR,J
                                             CRLPs_4905, 4903 & 8416_2025




       THE HONOURABLE SRI JUSTICE N.TUKARAMJI

       CRIMINAL PETITION NOs.4905, 4903 & 8416 of 2025


COMMON ORDER

I have heard Mr. T.V.Ramana Rao, learned counsel for

petitioners and Mr.Palle Nageshwar Rao, learned Public

Prosecutor, representing the respondent No.1-State.

2. As the crimes are arising out of similar factual matrix and

the petitioner/accused is alleged to have committed the offences

within the scope of self same sections of prosecution, these

matters were heard together and are being adjudicated in this

common order.

3. Criminal Petition No. 4905 of 2025 has been filed under

Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for

short 'the BNSS') seeking quashment of the proceedings in FIR

No. 8 of 2025 registered at Police Station, CCPS Ramagundam,

Telangana Cyber Security Bureau ("TSCSB") against the

petitioner/accused.

Pursuant to a report lodged by Respondent No. 2, the said

police station registered a case alleging commission of offences

under Sections 192, 353(1)(b), 352, and 356 read with Section 6 NTR,J CRLPs_4905, 4903 & 8416_2025

61(2) of the Bharatiya Nyaya Sanhita, 2023 ("BNS") and Section

67 of the Information Technology Act, 2008 ("ITA, 2008").

The allegation is that the petitioner, using the Twitter handle

@Nallabalu, posted a tweet criticising the Congress Party in the

following terms:

"Congress is the scourge of the state! If the field is affected

by the pest, the people will be disturbed."

4. Criminal Petition No. 4903 of 2025 is likewise filed under

Section 528 of BNSS, 2023 seeking quashment of the

proceedings in FIR No. 13 of 2025 registered at Police Station,

CCPS Karimnagar, TSCSB, against the petitioner/accused.

On the basis of a report by Respondent No. 2, the police

registered a case for offences punishable under Sections 192,

353(1)(b), 352, and 356 read with Section 61(2) of BNS, along

with Section 67 of ITA, 2008. It is alleged that the petitioner

posted on Twitter a photograph of the Hon'ble Chief Minister of

Telangana with the caption:

"No Vision, No Mission, Only 20% Commission! This is how

the 15-month rule of the Revanth Reddy led Congress

Government is in Telangana."

7 NTR,J CRLPs_4905, 4903 & 8416_2025

The complainant, a police constable, alleges that this post

was intended to provoke public unrest, defame the Chief Minister,

and disturb public tranquility.

5. Criminal Petition No. 8416 of 2025 has also been filed

under Section 528 of BNSS, 2023, seeking quashment of

proceedings in FIR No. 146 of 2025 registered at Police Station,

GDK-I Town, Ramagundam, against the petitioner (arrayed as

Accused No.2).

On 18.03.2025, Respondent No. 2 lodged a complaint

alleging that, on 04.03.2025 and 11.03.2025, while browsing the

social media platform "X" (formerly Twitter), he encountered

allegedly vulgar and abusive messages posted by two individuals,

including the petitioner, targeting the Hon'ble Chief Minister of

Telangana. The case has been registered for offences

punishable under Sections 352 and 356(2) read with Section 3(5)

of BNS.

6. Learned counsel for the petitioner contends that the

impugned tweets constitute an exercise of the petitioner's

fundamental right to freedom of speech and expression, made on

social media purely as expressions of political opinion, without

any intent to incite violence or disturb public peace.

8 NTR,J CRLPs_4905, 4903 & 8416_2025

Consequently, the essential ingredients of the offences under

Sections 352 and 353 of the Bharatiya Nyaya Sanhita, 2023 (for

short 'the BNS') are absent.

It is further argued that there is no element of false

evidence involved, and thus, Section 192 of the BNS, pertaining

to the offence of giving or fabricating false evidence has no

application, as neither the offence of rioting nor false evidence is

even alleged in the complaint. The attribution of these provisions

to the petitioner is, therefore, without basis.

With respect to Section 356 of BNS (defamation), counsel

submits that the provision mandates that the complaint must be

made by the 'aggrieved person' and not by any unrelated third

party. Similarly, Section 67 of the Information Technology Act,

2008 ('the IT Act'), which penalises the publication or

transmission of obscene material, is inapplicable, as even

accepting the impugned statements at face value, they amount, at

best, to political criticism and not obscenity.

Furthermore, the allegation is limited to the petitioner

having posted the tweet in question on social media. In the

absence of any averment suggesting the involvement of other

individuals, the provisions relating to criminal conspiracy under 9 NTR,J CRLPs_4905, 4903 & 8416_2025

Section 61(2) of BNS or common intention under Section 3(5) of

BNS cannot be invoked.

Counsel emphasizes that all the complaints are devoid of

specific particulars regarding the allegedly obscene content, the

precise dates of posting, or any actual impact on public order.

The police reports were filed belatedly, rendering the proceedings

arbitrary and unsustainable. On these grounds, it is prayed that

the records be called for and the criminal proceedings against the

petitioner be quashed.

7. In response, the learned Public Prosecutor submits that,

despite the issuance of multiple notices under Section 35(3) of

the BNSS, the petitioner willfully failed to appear and produce the

requisite electronic devices and documents, thereby

demonstrating deliberate non-compliance.

It is further contended that the petitioner is implicated in

multiple criminal cases across the State of Telangana, indicative

of a continuing pattern of similar conduct. The prosecution asserts

that the tweet in question was intentionally posted with the

objective of defaming and provoking unrest against a

democratically elected government. This, it is argued, squarely 10 NTR,J CRLPs_4905, 4903 & 8416_2025

attracts the provisions of Section 67 of the IT Act, which is

independently punishable irrespective of any claim of defamation.

With particular reference to FIR No. 146 of 2025, it is

alleged that the petitioner/accused, along with another individual,

is associated with the Bharat Rashtra Samithi (BRS) party and,

on 04.03.2025 and 11.03.2025, posted defamatory and abusive

content on the social media platform "X" (formerly Twitter)

targeting the Hon'ble Chief Minister of Telangana. These posts,

according to the prosecution, provoked public outrage and

caused social unrest.

The prosecution further submits that the investigation is at

a nascent stage and the witness statements have been recorded,

and relevant digital evidence has been collected. In light of the

pendency of the investigation, it is prayed that the present

petitions be dismissed.

8. I have carefully considered the submissions of the learned

counsel and perused the materials on record.

9. The social media posts attributed to the petitioner, which

contain the alleged statements, are prima facie evident from the

record. At the outset, it is a settled proposition of law that content

posted on social media platforms may, in appropriate 11 NTR,J CRLPs_4905, 4903 & 8416_2025

circumstances, amount to criminal offences such as defamation,

hate speech, incitement to violence, public mischief, and other

cognizable wrongs. In such cases, prosecution is maintainable

under the relevant provisions of the Bharatiya Nyaya Sanhita,

2023 (BNS), the Indian Penal Code, 1860 (IPC) (where

applicable), and the Information Technology Act, 2000 (IT Act).

10. However, to proceed with prosecution on such imputations,

the investigating agency must prima facie find admissible material

both the requisite intent (mens rea) and the actual or probable

harmful effect (actus reus) of the alleged act. Mere publication of

offensive or critical content, without making out a case of an

intention to cause the prohibited consequences, is insufficient to

proceed with the criminal proceedings. Authentication of the

content, proper collection of evidence and positive identification of

the person responsible for the posting are essential prerequisites.

Courts, in this regard, are duty-bound to adopt a balanced

approach safeguarding the constitutional guarantee of freedom of

speech and expression under Article 19(1)(a) while ensuring that

such freedom does not extend to speech that causes tangible

harm, such as misinformation, targeted harassment, or incitement 12 NTR,J CRLPs_4905, 4903 & 8416_2025

to disorder. Preserving this balance is critical to both democratic

discourse and maintenance of public order.

11. In the present case, the allegations broadly encompass

charges of provocation to commit rioting, fabrication of false

evidence, intentional insult with intent to provoke breach of peace,

circulation of statements conducing to public mischief, and

defamation. The maintainability of prosecution for these offences

necessarily depends upon the specific factual context in which the

impugned acts occurred.

12. Acts that amount to intentional insult likely to provoke

breach of peace, online mischief calculated to promote enmity or

violence, and defamatory imputations, if duly established would

justify continuation of prosecution. Conversely, where the

statutory ingredients of the offence are absent, mere political

criticism, however harsh, cannot attract criminal sanction.

13. The police report in FIR No. 8 of 2025 alleges that the

petitioner's tweet was defamatory, provocative, and politically

motivated. In FIR No. 13 of 2025, the complaint alleges that the

statements were false, politically motivated, and devoid of legal

merit. FIR No. 146 of 2025 alleges that the petitioner's remarks 13 NTR,J CRLPs_4905, 4903 & 8416_2025

sought to damage the reputation of the Hon'ble Chief Minister,

thereby disturbing social peace and creating a likelihood of

conflict between rival political groups.

14. The relevant statutory provisions are summarised below:

a. Section 192 BNS - Wanton provocation with intent to

cause riot: Attracts liability where a person, with ill intent,

provokes others with knowledge or intention that such

provocation may cause rioting. Mere offensive language without

such intent is insufficient.

b. Section 191 BNS - Rioting: Requires an unlawful assembly of

five or more persons using force or violence towards a common

illegal object. A social media post alone does not complete this

offence unless it incites and results in unlawful assembly and

violence.

c. Section 352 BNS - Intentional insult to provoke breach of

peace: Necessitates proof of grave and sudden provocation,

typically involving direct and abusive remarks calculated to incite

retaliation.

14 NTR,J CRLPs_4905, 4903 & 8416_2025

d. Section 353 BNS - Statements conducing to public

mischief: Penalises circulation of false or incendiary statements

designed to cause public alarm, enmity, or hatred.

e. Section 356(2) BNS - Defamation: Applies to publication of

false imputations intended or known to cause harm to reputation.

Essential elements include falsity, intent, knowledge of probable

harm, and resulting reputational injury.

f. Section 61(2) BNS - Criminal conspiracy: Requires proof of

agreement between two or more persons to commit an offence.

g. Section 3(5) BNS - Common intention: Extends liability to

acts done jointly in furtherance of a common unlawful object.

h. Section 67 IT Act - Obscene material in electronic form:

Limited to sexually explicit or lascivious content capable of

corrupting or depraving viewers.

15. In light of the above provisions, the allegations against the

petitioner must be scrutinised to determine whether they establish

a prima facie case.

15 NTR,J CRLPs_4905, 4903 & 8416_2025

16. The substratum of the complaints is that the petitioner (i)

engaged in political criticism of the ruling party and government,

and (ii) used allegedly vulgar or abusive remarks against the

Hon'ble Chief Minister.

17. Upon review of the impugned social media posts, the legal

position is as follows;

The first post, which describes the Congress party as a

"scourge" and likens it to a "pest," is harsh and metaphorical but

constitutes political criticism. It does not attract Section 192 of the

BNS on promotion of enmity, since it targets a political party and

not a protected group. Nor does it fall within Section 352 BNS on

intentional insult or Section 353(1)(b) BNS on public mischief, as

there is no imminent threat of public disorder. At most, it could

amount to defamation under Section 356 read with Section 61(2)

BNS; however, statutory exceptions such as truth for public good

and fair comment provide strong defences.

18. The second post, which alleges "20% commission" in the

rule of the Chief Minister and the ruling Congress party in

Telangana, is closer to the domain of defamation as it names

both the Chief Minister and the party. A government cannot sue

for defamation, as held in R. Rajagopal v. State of Tamil Nadu 16 NTR,J CRLPs_4905, 4903 & 8416_2025

(1994), but individual ministers and political parties as

associations may do so. Even here, statutory defences of truth

and fair comment in the public interest remain available. Sections

192, 352, and 353(1)(b) BNS are inapplicable, as the criticism is

political, not communal or provocative.

19. The third post, involving vulgar and abusive remarks

against the Chief Minister, may at best be construed as

defamation. Section 67 of the Information Technology Act, 2008,

which penalizes obscene material in electronic form, is not

applicable, as the remarks, though abusive, are not obscene.

20. Constitutionally, all three posts fall within the protection of

Article 19(1)(a), which guarantees freedom of speech and

expression. Restrictions under Article 19(2) apply only in narrow

circumstances such as defamation, incitement to violence, or

imminent threat to public order. The Supreme Court in Maneka

Gandhi v. Union of India (1978), Rangarajan v. P. Jagjivan Ram

(1989), and Subramanian Swamy v. Union of India (2016) has

consistently affirmed the high level of protection granted to

political expression in a democracy.

17 NTR,J CRLPs_4905, 4903 & 8416_2025

21. As for procedure, under the BNSS, criminal defamation is

punishable by up to two years' imprisonment, a fine, or both.

Cognizance can only be taken on a complaint filed by the

aggrieved person, or in limited cases by a public prosecutor with

prior sanction. The complaint is filed before a Magistrate of the

First Class, who records statements and issues summons if a

prima facie case exists. The trial then proceeds as a summons

case, where the accused may rely on the ten statutory

exceptions, including truth, fair comment, and privileged

communication.

22. In conclusion, the impugned posts do not attract the

application of Sections 192, 352, or 353(1)(b) of the Bharatiya

Nyaya Sanhita, 2023, nor Section 67 of the Information

Technology Act, 2008. At best, they may fall within the limited

ambit of defamation under Section 356 read with Section 61(2)

BNS. Even in that context, however, the availability of statutory

exceptions, such as truth for the public good and fair comment, as

well as the robust constitutional safeguards for political

expression, provide a strong shield to the petitioner.

Consequently, any attempt to prosecute the petitioner under

provisions other than defamation would be legally unsustainable.

18 NTR,J CRLPs_4905, 4903 & 8416_2025

More importantly, the present criminal proceedings were initiated

on the basis of police reports filed by third parties, and not

through a complaint by the aggrieved person, as mandatorily

required under the BNSS framework for prosecuting defamation.

In the absence of locus standi of the complainant, the

continuation of these proceedings would be not only improper but

also untenable in law.

23. Article 19(1)(a) of the Constitution guarantees freedom of

speech and expression, subject to reasonable restrictions under

Article 19(2), which permits limitations only in the interests of

sovereignty, integrity, security of State, friendly relations with

foreign States, public order, decency, morality, contempt of court,

defamation, and incitement to offence.

24. The penal provisions alleged require specific prima facie

material: defamation requires false imputations harming

reputation; insult requires grave and sudden provocation; public

mischief requires circulation of false or inflammatory material; and

Section 67 IT Act applies only to obscene sexual content.

Notably, criminal defamation is a non-cognizable offence under

CrPC, investigation of which requires a magistrate's order under

Section 155.

19 NTR,J CRLPs_4905, 4903 & 8416_2025

25. The Hon'ble Supreme Court has consistently clarified the

limits of criminal liability for speech:

i. Shreya Singhal v. Union of India (2015) 5 SCC 1 held that

mere annoyance or offensive remarks are not criminal; only

incitement to violence or disorder justifies restriction.

ii. Kedar Nath Singh v. State of Bihar (1962) SCR Supl. (2)

769 upheld the constitutionality of sedition law but limited

its application to speech inciting violence or disorder.

iii. Subramanian Swamy v. Union of India (2016) 7 SCC 221

upheld criminal defamation but stressed the requirement of

false factual imputations and actual reputational injury,

distinguishing it from political criticism.

iv. Lalita Kumari v. Govt. of U.P. (2014) 2 SCC 1 mandated

FIR registration only for cognizable offences; for non-

cognizable offences such as defamation, preliminary

enquiry or judicial sanction is required.

v. Arnesh Kumar v. State of Bihar (2014) 8 SCC 273

cautioned against mechanical arrests and stressed

proportionality in criminal process.

26. Applying these principles, the impugned tweets, such as

"Congress is the scourge..." and "No Vision, No Mission...", are 20 NTR,J CRLPs_4905, 4903 & 8416_2025

plainly political criticism and satire, which do not amount to

defamation or public mischief and are fully protected by Article

19(1)(a). The third tweet, though allegedly vulgar or abusive

towards the Chief Minister, cannot be equated with defamation

absent false factual imputations. Since defamation is

non-cognizable, the registration of FIRs without compliance with

Section 174 BNSS and without a Magistrate's order is

procedurally unsustainable. None of the tweets contain obscenity

under Section 67 IT Act, nor do they disclose elements of public

mischief (Section 353 BNS) or provocation to riot (Sections

191/192 BNS). Additionally, the mechanical registration of FIRs in

this case, without preliminary enquiry, is in violation of the binding

dicta in Lalita Kumari (supra).

27. When the factual matrix of the present case is examined in

light of the seven illustrative categories laid down in State of

Haryana v. Bhajan Lal, 1992 Supp (1) SCC 335, it is evident that

the proceedings squarely fall within multiple categories warranting

quashment. First, under Categories (1) and (2), the allegations in

the FIRs, even if taken at their face value and accepted in their

entirety, do not disclose the commission of any cognizable

offence, save for a tenuous allegation of defamation. Secondly, 21 NTR,J CRLPs_4905, 4903 & 8416_2025

under Category (3), the uncontroverted allegations on record fail

to satisfy the statutory ingredients of the offences invoked, such

as provocation to riot, intentional insult, or public mischief. Finally,

under Category (5), there exists a clear legal bar to prosecution,

inasmuch as the law mandates that criminal defamation

proceedings can only be initiated by way of a private complaint by

the aggrieved person. In the present case, the FIRs have been

registered on the basis of police reports or third-party complaints,

which render them procedurally incompetent and legally

unsustainable.

28. For the aforesaid reasons, this Court is of the considered

view that the impugned tweets, though critical, fall squarely within

the ambit of legitimate political expression. In the absence of

statutory ingredients of the alleged offences, the registration of

FIRs without requisite enquiry or judicial approval is

unsustainable in law, and continuation of proceedings would

amount to an abuse of process. Accordingly, the criminal petitions

are liable to be allowed.

29. Before parting with this judgment, this Court considers it

necessary to make certain observations. Having regard to the

factual and legal position discussed herein, and with a view to 22 NTR,J CRLPs_4905, 4903 & 8416_2025

safeguarding fundamental rights as well as preventing the

criminal process from being invoked mechanically or arbitrarily, it

is appropriate to prescribe a set of operational guidelines for

police authorities and Judicial Magistrates when dealing with

proceedings initiated on the basis of social media posts. These

directions are particularly relevant in cases where the registration

of First Information Reports (FIRs) is sought in connection with

such posts. Accordingly, the police authorities are directed to

adhere to the following guidelines:

i. Verification of locus standi: Before registering any FIR for

alleged defamation or similar offences, the police must verify

whether the complainant qualifies as the "person aggrieved" in

terms of law. Complaints by unrelated third parties lacking

standing are not maintainable, except where the report concerns

a cognizable offence.

ii. Preliminary inquiry in cognizable offences: Where a

representation/complaint discloses a cognizable offence, the

police shall, prior to registration of crime, conduct a preliminary

inquiry to ascertain whether the statutory ingredients of the

alleged offence are, prima facie, made out.

23 NTR,J CRLPs_4905, 4903 & 8416_2025

iii. High threshold for media post/speech-related offences: No

case alleging promotion of enmity, intentional insult, public

mischief, threat to public order, or sedition shall be registered

unless there exists prima facie material disclosing incitement to

violence, hatred, or public disorder. This threshold must be

applied in line with the principles laid down in Kedar Nath Singh v.

State of Bihar, 1962 Supp (2) SCR 769, and Shreya Singhal v.

Union of India, (2015) 5 SCC 1.

iv. Protection of political speech/post: The police shall not

mechanically register cases concerning harsh, offensive, or

critical political speech. Only when the speech amounts to

incitement to violence or poses an imminent threat to public order

may criminal law be invoked. Constitutional protections for free

political criticism under Article 19(1)(a) of the Constitution must be

scrupulously enforced.

v. Defamation as a non-cognizable offence: Since defamation

is classified as a non-cognizable offence, the police cannot

directly register an FIR or crime in such matters. The

complainant must be directed to approach the jurisdictional

Magistrate. Police action may follow only upon a specific order of

the Magistrate under Section 174(2) of the BNSS.

24 NTR,J CRLPs_4905, 4903 & 8416_2025

vi. Compliance with arrest guidelines: In all cases, the police

shall strictly comply with the principles laid down in Arnesh Kumar

v. State of Bihar, (2014) 8 SCC 273. Automatic or mechanical

arrests are impermissible, and the principle of proportionality in

the exercise of criminal process must be observed.

vii. Prior legal scrutiny in sensitive cases: In matters involving

political speech/post or other sensitive forms of expression, the

police shall obtain prior legal opinion from the Public Prosecutor

before registering an FIR, to ensure that the proposed action is

legally sustainable.

viii. Frivolous or motivated complaints: Where a complaint is

found to be frivolous, vexatious, or politically motivated, the police

shall close the matter under Section 176(1) of the BNSS, citing

absence of sufficient grounds for investigation.

30. In light of the above directions, Criminal Petition Nos.

4905, 4903, and 8416 of 2025 are allowed. Consequently, the

proceedings against the petitioner in (i) FIR No. 08 of 2025

registered at Police Station, CCPS Ramagundam, Telangana

Cyber Security Bureau (TSCSB); (ii) FIR No. 13 of 2025

registered at Police Station, CCPS Karimnagar, TSCSB; and (iii) 25 NTR,J CRLPs_4905, 4903 & 8416_2025

FIR No. 146 of 2025 registered at Police Station, GDK-I Town,

Ramagundam, are hereby quashed.

_______________ N.TUKARAMJI, J

Date: 10.09.2025 Note : Registry is directed to serve a copy to the DGP, Telangana State Police, for appropriate action and to the Judicial First Class Magistrates of the State of Telangana, for reference.

B/o.

CCM/SVL.

 
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