Selestin Raj v. The State Of Tamilnadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 03.06.2025 CORAM :
THE HON`BLE MR.JUSTICE B.PUGALENDHI and Crl MP(MD)No.6671 of 2025 Selestin Raj ... Petitioner Vs.
The State of Tamil Nadu Rep by the Inspector of Police, Cyber Crime Police Station, Kanyakumari District.
[Crime No.31 of 2024]
...Respondent
Prayer : Criminal Original Petition filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, to call for the records in Crime No.31 of 2024 on the file of the respondent police and quash the same insofar as the petitioner is concerned.
For Petitioner : Mr.S.Jebastin For Respondent : Mr.P.Kottaichamy Government Advocate (Crl. Side) 1/5
ORDER
The petitioner has approached this Court to quash the FIR registered in Crime No.31 of 2024 on the file of the 1st respondent. The said case was registered as against the petitioner that he has exaggerated bursting of crackers in the temple festival and spread rumor that there was an attempt to demolish the church in Kanyakumari. 2.The learned Government Advocate (Crl.side), who takes notice for the 1st respondent submits that during the celebration of temple festival in Nalloor in Kanyakumari District, crackers were burst on 14.03.2024 and in this incident few persons inside the church got burn injuries and a coconut tree was damaged. However this incident has been exaggerated and rumor has been spread with pictures and videos that attempt has been made to demolish the church. Therefore the case came to be registered as against the petitioner. He further submits that for bursting of crackers in the temple festival, a case has already been registered and both cases are under investigation. 2/5
3.The learned Counsel for the petitioner submits that the petitioner had not created any message and video, he had simply forwarded the message received by him. Therefore, he has not committed any offence. Further the petitioner is a practicing advocate 4.This Court considered the rival submissions made. 5.Though the petitioner claims that he had just forwarded the message received by him, being an advocate he must be knowing and must be careful of what message he is forwarding and its consequences. Kanyakumari is a communally sensitive area, where an incident of communal clash between different religious groups at Mandaikadu in the year 1982 took away several lives. The case is at the investigation stage and therefore, this court is not inclined to quash the proceedings. It is always open to the petitioner to challenge the final report, if any filed against him, in the manner known to law. Accordingly this criminal original petition is dismissed. Consequently connected miscellaneous petition is also dismissed.
03.06.2025 DSK 3/5
To 1.The Inspector of Police, Cyber Crime Police Station, Kanyakumari District.
2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
4/5
B.PUGALENDHI,J DSK 03.06.2025 5/5