Crl.O.P.No.9251 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 28.03.2025 CORAM: THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.9251 of 2025 and Crl.M.P.Nos.6143 & 6145 of 2025 D.Kumaresan @ Kovai Kumeresan ... Petitioner Versus The State rep.by Inspector of Police, Sundarapuram Police Station, Coimbatore City, Coimbatore District. (Crime No.17 of 2023) ... Respondent PRAYER: Criminal Original Petition is filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, to call for the records relating to the charge sheet in C.C.No.22 of 2024 pending before the District Munsif Cum Judicial Magistrate, Madukkarai, Coimbatore and quash the same. For Petitioner : Mr. S. Kumara Devan For Respondent : Mr. A. Gopinath, Government Advocate (Criminal Side) https://www.mhc.tn.gov.in/judis Crl.O.P.No.9251 of 2025 O R D E R This Criminal Original Petition has been filed to quash the proceedings in C.C.No.22 of 2024 pending on the file of the learned District Munsif cum Judicial Magistrate, Madukkarai, Coimbatore. 2. The respondent registered a FIR in Crime No.17 of 2023 for the offences under Sections 295(A) of the Indian Penal Code, (IPC), 1860, alleging that the petitioner posted blasphemous post on his Facebook page. After completing the investigation, the respondent filed a final report and the same has been taken cognizance of in C.C.No.22 of 2023 before the District Munsif Cum Judicial Magistrate, Madukkarai, Coimbatore District, which is pending trial. As against the same, the petitioner has filed the present petition before this Court. 3. Heard the learned counsel appearing on either side and perused the materials placed before this Court. Page 2 of 6 https://www.mhc.tn.gov.in/judis Crl.O.P.No.9251 of 2025 4. On perusal of the records reveals that the following statements have been made by the petitioner:- “kuj;Jnkny Vwp nfhgpau; Fspg;gij urpj;jtd; bgau; vd;d>” “mk;kh khjpup cUtKs;s bghz;lhl;o nfl;ltd; ahU>” 5. Thus, it is clear that as per Section 295A of IPC, there must be an act of deliberate and malicious actions intended to outrage religious feelings by insulting the religion or religious beliefs of any class of citizens. Such acts must be delivered through words, signs visible representations, or other means. 6. In view of the above, the statements posted by the petitioner in his facebook page do not attract the offence under Section 295-A of IPC. Apart from that, there is no independent witness, no one was examined by the respondent Police, and there is no complaint from any other person who was aggrieved over the statements posted by the petitioner. Page 3 of 6 https://www.mhc.tn.gov.in/judis Crl.O.P.No.9251 of 2025 7.This Court has also observed that the respondent Police filed the final report without obtaining previous sanction from the State Government or Central Government or from the appropriate government or authority to file the offence under Section 295-A of IPC, as contemplated under Section 196(1) of Cr.P.C. The learned Government Advocate (Criminal Side) appearing for the respondent has also contended that no such sanction was obtained in accordance with Section 295-A of IPC, to prosecute the petitioner for the offence under Section 295-A of IPC. 8. In view of the above, the entire proceedings in C.C. No.22 of 2024 pending on the file of the District Munsif Cum Judicial Magistrate, Madukkarai, Coimbatore, cannot be sustainable and are liable to be quashed. Page 4 of 6 https://www.mhc.tn.gov.in/judis Crl.O.P.No.9251 of 2025 9. Accordingly, the Criminal Original Petition stands allowed and the proceedings in C.C.No.22 of 2024 District Munsif Cum Judicial Magistrate, Madukkarai, Coimbatore, is hereby quashed. Consequently, connected miscellaneous petitions are closed. 28.03.2025 Index : Yes/No Neutral citation : Yes/No Speaking/non-speaking order klt To 1.The Inspector of Police, Sundarapuram Police Station, Coimbatore City, Coimbatore District. (Crime No.17 of 2023) 2.The Public Prosecutor, High Court, Madras. Page 5 of 6 https://www.mhc.tn.gov.in/judis Crl.O.P.No.9251 of 2025 G.K.ILANTHIRAIYAN, J. klt Crl.O.P.No.9251 of 2025 and Crl.M.P.Nos.6143 & 6145 of 2025 28.03.2025 https://www.mhc.tn.gov.in/judis