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2026 DAILYLAW 30301 (MAD)

P.Nanthish Kumar v. The State Of Tamilnadu Rep By The Inspector Of Police, Allinagaram

CRL OP(MD)/8949/2026 · 2026-06-05

R Vijayakumar

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Crl.O.P.(MD).No.8949 of 2026 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 05.06.2026 CORAM: THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR Crl.O.P(MD)No.8949 of 2026 and Crl.M.P(MD) No.9474 of 2026 P.Nanthish Kumar ... Petitioner/Accused -1 Vs The State of Tamil Nadu Represented by its The Inspector of Police, Allinagaram Police Station, Theni District. (Crime No.130 of 2026) ... Respondent/ Complainant Prayer: Criminal Original Petition is filed under Section 528 of BNSS Act, 2023, praying this Court to call for the entire records in relating to impugned FIR in Crime No.130 of 2026 on the file of the first respondent police and to quash the same in so far as the petitioner is concerned. For Petitioner : Mr.E.Athithyan For R1 : Mr.B.Arun Counsel for State of TN (Crl.Side) 1/6 https://www.mhc.tn.gov.in/judis Crl.O.P.(MD).No.8949 of 2026 ORDER The present petition has been filed by A1 in Crime No.130 of 2026, on the file of the respondent police, seeking to quash the FIR, wherein, he is alleged to have committed offence under Section 351(3) of BNS, 2023, r/w Section 67 of Information Technology Act, 2000. 2. A perusal of the FIR reveals that the petitioner has uploaded a photograph in instagram, wherein he is brandishing a 2 feet long knife under the name and style “King-of – steel–007”. As per the charge sheet, this would cause panic and fear among the general public and it would affect the public safety and therefore, the FIR has been registered. 3. According to the learned counsel appearing for the petitioner, the petitioner is a student of a Private Polytechnic College, who, without understanding the consequences had posted the said photograph. 4. The petitioner has filed an undertaking affidavit dated 04.06.2026. Paragraph Nos.4 to 6 of the affidavit are extracted as follows: 2/6 https://www.mhc.tn.gov.in/judis Crl.O.P.(MD).No.8949 of 2026 “4. I humbly submit that I am 19 years old pursuing my Diploma in Mechanical Engineering in Theni Kammavar sangam Polytechnic college, Koduvilarpatti, Theni and the exams are pending and I intended to apply for BE (Mechanical Engineering) after completing my current Diploma course. 5. I respectfully submit that out of immaturity, I posted the picture in my Instagram ID to get views. I realized my mistake and the very next moment, I deleted my social media account. I undertakes that I will not post anything in social media which cause threat to the society and assure that I will be more careful in Handling social media. 6. I submit that the present case registered against me will cause irreparable damage to reputation and to my future education. Unless the quash petition is allowed I will be put into serious loss and undue Hardships in present and future.” 5. Considering the age of the petitioner and the undertaking affidavit and also the fact that this photograph was not accompanied by any wordings threatening the general public, this Court is inclined to quash the FIR. The 3/6 https://www.mhc.tn.gov.in/judis Crl.O.P.(MD).No.8949 of 2026 petitioner is hereby warned to be cautious in future. 6. In view of the above said facts, the FIR in Crime No.130 of 2026 on the file of the respondent police, is hereby quashed. Accordingly, this Criminal Original Petition stands allowed. Consequently connected Miscellaneous Petition is closed. 05.06.2026 NCC : Yes/No Index : Yes / No Internet : Yes / No ebsi To 1. The Inspector of Police, Allinagaram Police Station, Theni District. 2. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. 4/6 https://www.mhc.tn.gov.in/judis Crl.O.P.(MD).No.8949 of 2026 R.VIJAYAKUMAR,J. ebsi Crl.O.P(MD)No.8949 of 2026 05.06.2026 5/6 https://www.mhc.tn.gov.in/judis Crl.O.P.(MD).No.8949 of 2026 6/6 https://www.mhc.tn.gov.in/judis