CRL RC NO. 1904 of 2023 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 08-07-2025 CORAM THE HONOURABLE MR JUSTICE G.K. ILANTHIRAIYAN CRL RC NO. 1904 of 2023 AND CRL MP NO. 18460 OF 2023,CRL MP NO. 17752 OF 2023,CRL MP NO. 17753 OF 2023 1.Rajalingam 2.Eswar 3.Jaychandran Petitioner(s) Vs State represented by, 1.The Sub Inspector Of Police Central Crime Branch, Cyber Crime Team-B, Vepery, Chennai 600007. 2.Gayatri Raguraman (R2 impleaded as per order dated 21.11.2023 in Crl.M.P.No.18460 of 2023 in Crl.R.C.No.1904 of 2023 and Crl.M.P.Nos.17753 and 17752 of 2023) Respondent(s) PRAYER:- This petition filed under Section 397 r/w 401 of Cr.P.C., pleased to call for the records in Crl.M.P.No.10895 of 2023 in C.C.No.2021 of 2023 on the file of the learned Additional Chief Metropolitan Magistrate at Egmore and set aside the order dated 19.10.2023. For Petitioner(s): Mr.Chandru for https://www.mhc.tn.gov.in/judis M/s A.S.Aswin Prasanna Mr.Sagilesh Kumar For Respondent(s): Mr.A.Gopinath Government Advocate (Criminal side) For R1 R2- Notice served (No appearance) ORDER This revision has been preferred as against the order passed in Crl.M.P.No.10895 of 2023 in C.C.No.2021 of 2023 dated 19.10.2023 on the file of the learned Additional Chief Metropolitan Magistrate, Egmore, thereby dismissed the petition to discharge them. 2.On the complaint lodged by the second respondent, the first respondent registered the First Information Report in Cr.No.6 of 2022 for the offence punishable under Section 153, 504, 509 of I.P.C and Section 67 of I.T Act, alleging that the accused owns Twitter account and he posted the photo of the second respondent under the heading of "rk!;fpUjk; mwpit tsh;f;f cjt[k; ? nkho " . Further alleged that the second respondent gave libel remarks on a Government Order passed by the Tamil Nadu Hindu Religious and Charitable Endowment Board in her Twitter page and on seeing that first accused reposted the photo of the second respondent along with a statement as "Mkh fha[ jzpf;if rhpay;iyjhd; Il;o bjhpa[J fz;of;fpnwd; mtDfis ". Further alleged that the second accused owns a Facebook and also You Tube in which he had received edited excel sheet containing details of settlement https://www.mhc.tn.gov.in/judis amounts of BJP Women functionaries and Annamalai Commission and subsequently it was reposted by him in his Facebook account. Likewise, the third accused owns Facebook and downloaded the video clipping and posted in his Facebook account along with a statement as ",e;j khjphp vy;yhk; gz;zh uhftDk; mz;zhkiya[k; vd;djhd; gz;ZthD';f g{iI miwf;F jhd; nghthD';f". 3.After completion of investigation, filed final report and the same has been taken cognizance by the trial Court in C.C.No.2021 of 2023 and pending for framing of charges. The petitioners filed application to discharge them from the charges and the same was dismissed. Aggrieved by the same, the present Revision. 4.Heard learned counsels on either side. 5.On perusal of the records revealed that the new averment and material to attract the offence under Section 153 of I.P.C. has been made. As per definition, posting content in the social media belonging to another political party would not constitute any offence leading to provocation and causing riot. Therefore, the act of the petitioners will not attract the offence under Section 153 of I.P.C. In so far as the offence under Section 504 I.P.C. is concerned, as per definition the act of the petitioners will not attract the offence under Section 504 of I.P.C. https://www.mhc.tn.gov.in/judis and 509 of I.P.C. Insofar as the offence under Section 67 of IT Act is concerned, even according to the second respondent the petitioners did not post any obscene messages or words attracting to obscenity. Therefore, the act of the petitioners in remarking the second respondent is no way related to any obscene material. Therefore, no charges is made out as against the petitioners as per the materials produced along with final report. Therefore, the trial Court ought not to have dismissed the petition to discharge the petitioners. 6.In view of the above, order dated 19.10.2023, in Crl.M.P.No.10895 of 2023 in C.C.No.2021 of 2023 passed by the learned Additional Chief Metropolitan Magistrate at Egmore, is set aside. The petitioners are discharged from all the charges. Accordingly, the Criminal Revision case is allowed. Consequently, connected miscellaneous petitions are closed. 08-07-2025 ep To 1. Sub Inspector Of Police Central Crime Branch, Cyber Crime Team-b, Vepery, Chennai 600007 2. Gaytri Raguraman D/O RAGURAM NO 79 3rd STREET KAMADAR NAGAR NUNGAMBAKKAM CHENNAI-34(R2 IMPLEADED AS PER ORDER DT 21/11/2023 IN CRL MP NO 18460/2023 IN CRL RC NO 1904/2023 AND CRL MP NOS 17753 AND 17752/2023) https://www.mhc.tn.gov.in/judis G.K. ILANTHIRAIYAN, J. ep CRL RC NO. 1904 of 2023 AND CRL MP NO. 18460 OF 2023, CRL MP NO. 17752 OF 2023,CRL MP NO. 17753 OF 2023 https://www.mhc.tn.gov.in/judis 08.07.2025 https://www.mhc.tn.gov.in/judis