State By Inspector Of Police, Sendurai Ps v. Gowthaman

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 20.08.2025

CORAM:

THE HONOURABLE MR. JUSTICE D.BHARATHA CHAKRAVARTHY Suo Motu TR.No.56 of 2025 (C.C.No. 51 of 2019 of District Munsif cum Judicial Magistrate Court, Senthurai Taluk, Ariyalur) State Rep.by the Inspector of Police, Sendurai Police Station, Salem District.

... Petitioner Vs Gowthaman ... Respondent For Petitioner : Mr.S.Sugendran Additional Public Prosecutor

ORDER

The allegation in this case is that when a girl named Anitha Committed suicide, unable to clear the NEET examination, this petitioner also visited her house and without any permission whatsoever, on the stage that was put up near the house, made and gave a speech against the NEET examination and the orders of the Honourable Supreme Court of India and was trying to mention forward caste names, etc., creating unrest among the community and also speaking against the NEET examination. As such, the case was registered for the offences under Sections 504, 505(1)(b), 505(2), 153A(1)(a) and 1/3

153A(1)(b) of Indian Penal Code, 1860.

2. It can be seen that the final report was filed on 17.02.2018 and the matter is pending for the past 7 years. The allegation in this case reflects the nature of protest and freedom of speech and expression. It cannot be said to be an offence under Sections 153A(1)(a) and 153A(1)(b) of Indian Penal Code, 1860. Absolutely no allegation of any communal unrest pursuant to the speech of the accused is mentioned.

3. In view thereof, no useful purpose will be served in continuing the case. Accordingly, the case in C.C.No. 51 of 2019 on the file of the District Munsif cum Judicial Magistrate Court, Senthurai Taluk, Ariyalur shall stand quashed and this Suo Motu Transfer Case stands allowed. 20.08.2025 nsl electronically alone. The Trial Court shall take note of the order and accordingly classify the case pending before them as allowed / dismissed / disposed of, etc, and while doing so, consider any applications such as disposal of properties, etc., and pass appropriate orders, as may be necessary. Further, the Court below is directed to dispatch the copy of this order to all concerned. 2/3

D.BHARATHA CHAKRAVARTHY, J.

nsl Suo Motu TR.No.56 of 2025 20.08.2025 3/3