Madras High Court · 2025

Crl.OP.No.25483of 2023PRAYER: Criminal Original Petition is filed under Section 482 of Cr.P.C, to call for the records in Cr.No.11 of 2023 on the file of Inspector of Police, Avadi CCB Police Station, Avadi City CCB, Chennai. and quash the same.For Petitioner: Mr.B.Kumar Senior Advocate for M/s.S.RamachandranFor Respondents : Mr.R.VinothRaja Government Advocate (Crl.Side) for R1 O R D E RThis petition has been filed to quash the FIR registered in Cr.No.11 of 2023 on the file of the first respondent police for offences under Sections 153A, 505(1)b and 505(2) of IPC, as against the petitioner.2. The case of the prosecution is that the defacto complainant namely one Ravi Kumar lodged a complaint before the Inspector of Police, Avadi CCB Police Station, Avadi City CCB, Chennai, in which he has stated that he is residing in the above address and he is the member of IT Wing of DMK Party, that he got an information in the social media platform of Twitter on 05.03.2023 at around 09.20 2/18 https://www.mhc.tn.gov.in/judis Crl.OP.No.25483of 2023p.m"https://twitter.com/zoo-bear/status/1632408131354624000? t=H5pzx25WKup_CYkr_v11Dw&s=19 who retweet the post of http://twitter.com/ Opindia.com / status / 1631746272532238338?s=19, in which spreading such false news has created a sense of fear among the public and the workers who came from Bihar and other States to Tamil Nadu for work and there is a risk of conflict between the local people and people from Bihar. He searched the link in the Twitter posted by Opindia and the contents which read as follows:- "According to Arman, dead bodies of migrant labourers have returned to Jamui, Nawada and Lakshirai Districts in Bihar from Tamil Nadu. Biharis are fleeing Tamil Nadu on pretext or the other which is why it is becoming difficult to even get train tickets said Arman. Arman went on to say that a friend of his was attacked and four of his fingers were severed in front of him because he spoke Hindi. Further, he alleged that 12 workers were hung to death in one room, raising the total number of Hindi speaking workers murdered. One Shravan Kumar who is another Bihari labourer worked in Tamil Nadu and returned home two days ago, claimed the situation in the State is exceedingly dangerous with Bihari migrant labourers being 3/18 https://www.mhc.tn.gov.in/judis Crl.OP.No.25483of 2023targeted and cruelly murdered in the State. Local wants us to return to Bihar accusing us of snatching their employment, they are stabbing us wherever they see us and our employers and local officials are of no help. We were terrified Shravan Kumar lamented. The situation of the Hindi speaking labourers in Tamil Nadu is quite dismal. Rohith Kumar, a resident of Sikandara Village who returned from Tiruppur today stated. They intend to drive away all Hindi speaking people from the State. 14 persons have been killed so far . 3. When none of the events mentioned in the above news took place in "Tamil Nadu and the people are very calm such false news has been spread". Apart from this Opindia.com website has published a report quoting that Hindi daily one Dainik Baskar has published a report stating that several migrant laborers originally from Jamuai District in Bihar working in Tamil Nadu have confirmed these attacks. They have alleged that as many as 15 people have lost their lives in the "Taliban" style attacks being carried out against the Hindi speaking migrant labourers in the State. As a result, terror has gripped these migrant labourers who are now fleeing in the State in 4/18 https://www.mhc.tn.gov.in/judis Crl.OP.No.25483of 2023large numbers. Further, "Opindia.com" is an online news publishing website having "Twitter" account handled Opindia. It is pertinent to mention that Opindia has considerable followers which had further paved way to circulate the fake news rapidly which caused unrest. This has been widely circulated in various social media throughout India. The alarming tweet has been re-tweeted by about 3528 twitter users, fetched 9142 likes and 209 quote tweets has been done by more than one Lakh viewers. 4. Finding that it caused annoyance to the public tranquility the complaint was lodged. 5. Mr.B.Kumar, learned Senior Counsel appearing for the petitioner would submit that the petitioner is the News Editor of the Digital Division of Hindi Newspaper namely "Dainik Bhaskar". He would submit that the publication group had launched its debut edition in Hindi Daily on 13.08.1958 in Bhopal and it has a wide circulation throughout four States in North India. He would submit that the group has a readership about 6.63 crores and has a strong presence in radio business along with e-paper operations. The 5/18 https://www.mhc.tn.gov.in/judis Crl.OP.No.25483of 2023publication has also created a twitter handle on 20.08.2009 with the user name @ Dainikbhaskar. This group has got several reporters throughout 13 States in India, and it has been collecting news through trained journalists. One of the Reporters, one Vijay Singh Baghel, who is the Senior Correspondent had continuously reported for three days from Tamil Nadu on March 5 th , 6 th and 7 th and also had interviewed four persons on 02.03.2023 from Tamil Nadu. Based on the inputs given by him, the videos were published in the twitter handle. Subsequently, they were also reported in the newspaper and the same was also widely circulated. On the same day, around 2.11 pm the Director General of Police, Tamil Nadu had circulated a whatsapp message and in the other form of media stating that the reports were fake. Immediately coming to know about the same, the videos were removed from the web and they have also published a news article stating that the videos sent by the reporter is fake 6. The learned Senior Counsel further submits that the publication functions strictly on the basis of information received from its reporters and only after due diligence, the corrected and 6/18 https://www.mhc.tn.gov.in/judis Crl.OP.No.25483of 2023updated story will be published in all the forms of media. He would submit that the petitioner had no intention to create panic among the migrants in the State of Tamil Nadu or to promote enmity between different groups on the grounds of place of birth, language, residence etc. He would further submit that the petitioner has tendered his unconditional apology to this Court as well as to the people of Tamil Nadu for publishing a news, without verifying the veracity of the same. He would submit that he has also filed an affidavit of unconditional apology before this Court and that the petitioner is ready to co-operate with the respondent in the investigation. 7. The first respondent has filed a detailed counter. 8. The learned Government Advocate (Criminal Side) appearing for the first respondent police submits that it is a very serious and sensitive matter. The petitioner who claims to be the news editor of a leading magazine, without verifying the veracity of the news, had uploaded the contents which were likely to create panic among the migrants in the State of Tamil Nadu or to promote enmity between different groups on the grounds of place of birth, language, 7/18 https://www.mhc.tn.gov.in/judis Crl.OP.No.25483of 2023residence, etc. He would submit that the situation was very tense throughout the country. Relying on the report of the petitioner, several other youtubers have also raised alarm and created panic in the minds of viewers throughout the country and elsewhere. He would submit that the petitioner, being very insensitive and irresponsible, had published the matter without taking into consideration the consequences which would have resulted. 9. Heard Mr.B.Kumar, the learned Senior Counsel and the learned Government Advocate (Crl.Side) for the first respondent police and perused the material available on record including the F.I.R. 10. A perusal of the records revealed that the allegation levelled against the petitioner is that he being an Editor of a reputed News Media Group, had spread a false and fake news in the Media as if people from a particular part of the nation are being violently attacked in Tamil Nadu and thereby he had created panic in the public and caused hazard and annoyance to public tranquility. 11. While dealing with a public interest litigation filed for 8/18 https://www.mhc.tn.gov.in/judis Crl.OP.No.25483of 2023redressal of grievances of migrant labourers during the pandemic period, the Apex Court in Alakh Alok Srivastava vs. Union of India (2020 SCC OnLine SC 345) has observed that the Media (print, electronic or social) is expected to maintain a strong sense of responsibility and ensure that unverified news capable of causing panic is not disseminated. 12. The petitioner in the case on hand claims to be an Editor of a reputed publication which is in existence from the year 1958 and the publication group to which he belongs has a wide circulation throughout four States in North India. The Media is considered to be the fourth pillar of the democracy as it carries with such a huge power and responsibility as public repose their trust and confidence in the Media. The Media and Press need to adopt their professional ethics and take care of public interest instead of concentrating on sensational news alone for promoting their own commercial interest. Such a bounden duty cannot be shirked by them under the guise of freedom of speech. 9/18 https://www.mhc.tn.gov.in/judis Crl.OP.No.25483of 202313. Such being the expectation of the democratic system, it is painful to note that the petitioner, without verifying or exercising due diligence to find out the veracity of the news and without understanding the sensitivity, merely in order to sensitize the public, had published a fake news. This Court strongly deprecates the act of the petitioner in publishing such a sensitive news, without verifying the correctness of the same. However, taking into consideration the unconditional apology rendered by the petitioner and the undertaking made on his behalf that he would publish a Corrigendum in the homepage itself that the news published by him is a fake one and that he would be more vigilant not to indulge into any such activities in future. 14. The petitioner is arrayed as an accused in this case. On 02.03.2023, Dainik Bhaskar in a prominent Hindi news daily published an exclusive news report detailing the Talibani style punishment which purportedly was being inflicted on Biharis for speaking in Hindi. 10/18 https://www.mhc.tn.gov.in/judis Crl.OP.No.25483of 202315. In the said report, Dainik Bhaskar claimed that their correspondent had spoken to one migrant worker-Arman, native of Jamui in Bihar, who at the relevant time was stuck in Coimbatore, Tamilnadu. While he narrated his ordeal interalia, claimed that 12 people from Bihar have hanged to death. On the same date i.e., 02.03.2023, a similar news report about violence being inflicted upon various migrant workers of Bihar, in various parts of Tamilnadu was also published in another prominent Hindu Newspaper called '' Hindustan''. Thereafter, the Hon'ble Chief Minister of Bihar issued a statement on his official Twitter Account, which translates as under:'' I have learned through newspapers that Bihari workers in Tamil Nadu are being attacked. I have directed the Chief Secretary and the Director General of Police to speak to officers of Tamilnadu Government and to ensure safety of workers from Bihar''. 16. After few hours, the Director General of Police, Tamilnadu had issued a statement; that refuting allegations that Bihari migrant workers were being attacked in Tamilnadu and the videos circulating 11/18 https://www.mhc.tn.gov.in/judis Crl.OP.No.25483of 2023on social media regarding laborers from Bihar being killed were fake. Thereafter, the petitioners had published a news report in Opindia.com on the public controversy that had erupted consequent to the Dainik Bhaskar's exclusive report on the violence against the Bihari migrants narrating every aspect/ dimension of the controversy including the concern expressed by the Hon'ble Chief Minister of Tamilnadu and also the clarification issued by the Director General of Police, Tamilnadu. 17. Infact after clarification issued by the Director General of Police, Tamilnadu, the Dainik Bhaskar carried a further story on 05.03.2023 with the caption that '' Exodus of Biharis from Tamilnadu; on DGP's claim workers say if nothing happened, then why are we coming back''. 18. After clarification issued by the Director General of Police, Tamilnadu, the petitioners had amended their article in Opindia.com on 05.03.2023 which reads as follows:'' the claims about murders and killing as well as the fingers of the Hindi-speaking migrant 12/18 https://www.mhc.tn.gov.in/judis Crl.OP.No.25483of 2023laborers being chopped and the laborers being locked in a room and hanged, which were reported by Dainik Bhaskar were retracted after the incident caused nationwide controversy. Since their reports were based on Dainik Bhaskar's report and were reproduced here crediting them explicitly, we have removed those claims as well because Bhaskar doesn't seem to be standing by it anymore''. 19. Even then it is resulted in registration of FIR as against the petitioner on the complaint lodged by the second respondent. Infact, the first respondent had sent notices under Section 41A of Cr.P.C for seeking information from the petitioner. 20. The registration of an FIR has the effect of choking the right of free speech. Freedom of Speech as enshrined under Article 19(1)(a), and the right to personal liberty as enshrined under Article 21 of the Constitution of India. Therefore, admittedly the said news was originally published by Dainik Bhaskar and other publishers. Therefore, the petitioner is not originator of the said news. Infact on 13/18 https://www.mhc.tn.gov.in/judis Crl.OP.No.25483of 2023perusal of the news published by them also revealed that they had specifically mentioned about the incident which was published by Dainik Bharskar and they also published another news saying that earlier news is fake one. Therefore, the registration of the FIR is nothing but abuse of Penal Provision against an act of bonafide and fair publication of a news pertaining to a public controversy, is in teeth of Freedom of Speech guaranteed under Article 19(1)(a) , more so when a bare perusal of the publication in question makes it amply clear that none of ingredients of the offences as alleged by the prosecution are made out. 21. In so far as offences punishable under Section 153 A of IPC is concerned there are no ingredients to attract the said offence. None of the statements contained in the report were made or directed at promoting enmity or hatred or ill-will between the groups or prejudicial to the maintenance of harmony or which may have affected public tranquility, much less between any religious groups, nor did the petitioners do anything prejudicial to maintenance of harmony. On perusal of the news item published by the petitioner, 14/18 https://www.mhc.tn.gov.in/judis Crl.OP.No.25483of 2023there is nothing to show that that the petitioner had published the report with the intention to cause disorder or incite people to violence which is sine qua non for attracting the provision of Section 153A of IPC. 22. The offence under Section 505(1)(b) and 505(2) of Indian Penal Code is not attracted in the present case, as the petitioners have neither insulted, much less intentionally, nor provoked any person to break public peace or commit any other offence. Therefore, the provocation or intentional insult must be of such a degree that should provoke a person to break the public peace to commit any other offence. 23. Further the Honble Supreme Court of India held in the case reported in 199 6 SCC 150 in the case of Union of India Vs. Motion Pictures Association held that'' free speech is the foundation of democratic society and free exchange of ideas, dissemination of information without restraints dissemination of knowledge, airing of differing view points, debating and forming one's own views and expressing them, are the basic indicia of a free society. The freedom alone makes 15/18 https://www.mhc.tn.gov.in/judis Crl.OP.No.25483of 2023it possible for people to formulate their own views and opinions on a property basis and to exercise their social, economic and political rights in a free society in an informed manner and therefore, any restraints on this right, therefore have been jealously watched by the Court''. 24. Further, the Hon'ble Supreme Court of India in W.P (Criminal)No.155 of 2020 dated 09.12.2021 held that the “State force should never be used to either browbeat a political opinion or the journalists suffer the consequences of what is already in public domain. We hasten to add that this does not take away the responsibility of the journalist in how they report the matters more so in a '' twitter age” Therefore, the news which is allegedly published by the petitioner were already in public domain. 25. The above case is squarely applicable to the case on hand. Thus it is clear that curtailed freedom of speech and expression of the petitioner is arbitrarily and extra constitutional and thus fails the test of reasonableness. Hence, this Court finds that no offence is made out as against the petitioner and it is liable to be dismissed. 16/18 https://www.mhc.tn.gov.in/judis Crl.OP.No.25483of 202326. In view of the above, the FIR registered in Cr.No.11 of 2023 on the file of the first respondent is hereby quashed and this Criminal Original petition is allowed. Consequently, connected miscellaneous petition is closed. 22.04.2025VvTo1. The Inspector of Police, Avadi CCB Police Station, Avadi City CCB, Chennai. 2. The Public Prosecutor, Madras High Court, Chennai.17/18 https://www.mhc.tn.gov.in/judis Crl.OP.No.25483of 2023G.K.ILANTHIRAIYAN, J. Vv Crl.O.P.No.25483 of 2023 22.04.202518/18

Crl.OP.No.25483of 2023PRAYER: Criminal Original Petition is filed under Section 482 of Cr.P.C, to call for the records in Cr.No.11 of 2023 on the file of Inspector of Police, Avadi CCB Police Station, Avadi City CCB, Chennai. and quash the same.For Petitioner: Mr.B.Kumar Senior Advocate for M/s.S.RamachandranFor Respondents : Mr.R.VinothRaja Government Advocate (Crl.Side) for R1 O R D E RThis petition has been filed to quash the FIR registered in Cr.No.11 of 2023 on the file of the first respondent police for offences under Sections 153A, 505(1)b and 505(2) of IPC, as against the petitioner.2. The case of the prosecution is that the defacto complainant namely one Ravi Kumar lodged a complaint before the Inspector of Police, Avadi CCB Police Station, Avadi City CCB, Chennai, in which he has stated that he is residing in the above address and he is the member of IT Wing of DMK Party, that he got an information in the social media platform of Twitter on 05.03.2023 at around 09.20 2/18 https://www.mhc.tn.gov.in/judis Crl.OP.No.25483of 2023p.m"https://twitter.com/zoo-bear/status/1632408131354624000? t=H5pzx25WKup_CYkr_v11Dw&s=19 who retweet the post of http://twitter.com/ Opindia.com / status / 1631746272532238338?s=19, in which spreading such false news has created a sense of fear among the public and the workers who came from Bihar and other States to Tamil Nadu for work and there is a risk of conflict between the local people and people from Bihar. He searched the link in the Twitter posted by Opindia and the contents which read as follows:- "According to Arman, dead bodies of migrant labourers have returned to Jamui, Nawada and Lakshirai Districts in Bihar from Tamil Nadu. Biharis are fleeing Tamil Nadu on pretext or the other which is why it is becoming difficult to even get train tickets said Arman. Arman went on to say that a friend of his was attacked and four of his fingers were severed in front of him because he spoke Hindi. Further, he alleged that 12 workers were hung to death in one room, raising the total number of Hindi speaking workers murdered. One Shravan Kumar who is another Bihari labourer worked in Tamil Nadu and returned home two days ago, claimed the situation in the State is exceedingly dangerous with Bihari migrant labourers being 3/18 https://www.mhc.tn.gov.in/judis Crl.OP.No.25483of 2023targeted and cruelly murdered in the State. Local wants us to return to Bihar accusing us of snatching their employment, they are stabbing us wherever they see us and our employers and local officials are of no help. We were terrified Shravan Kumar lamented. The situation of the Hindi speaking labourers in Tamil Nadu is quite dismal. Rohith Kumar, a resident of Sikandara Village who returned from Tiruppur today stated. They intend to drive away all Hindi speaking people from the State. 14 persons have been killed so far . 3. When none of the events mentioned in the above news took place in "Tamil Nadu and the people are very calm such false news has been spread". Apart from this Opindia.com website has published a report quoting that Hindi daily one Dainik Baskar has published a report stating that several migrant laborers originally from Jamuai District in Bihar working in Tamil Nadu have confirmed these attacks. They have alleged that as many as 15 people have lost their lives in the "Taliban" style attacks being carried out against the Hindi speaking migrant labourers in the State. As a result, terror has gripped these migrant labourers who are now fleeing in the State in 4/18 https://www.mhc.tn.gov.in/judis Crl.OP.No.25483of 2023large numbers. Further, "Opindia.com" is an online news publishing website having "Twitter" account handled Opindia. It is pertinent to mention that Opindia has considerable followers which had further paved way to circulate the fake news rapidly which caused unrest. This has been widely circulated in various social media throughout India. The alarming tweet has been re-tweeted by about 3528 twitter users, fetched 9142 likes and 209 quote tweets has been done by more than one Lakh viewers. 4. Finding that it caused annoyance to the public tranquility the complaint was lodged. 5. Mr.B.Kumar, learned Senior Counsel appearing for the petitioner would submit that the petitioner is the News Editor of the Digital Division of Hindi Newspaper namely "Dainik Bhaskar". He would submit that the publication group had launched its debut edition in Hindi Daily on 13.08.1958 in Bhopal and it has a wide circulation throughout four States in North India. He would submit that the group has a readership about 6.63 crores and has a strong presence in radio business along with e-paper operations. The 5/18 https://www.mhc.tn.gov.in/judis Crl.OP.No.25483of 2023publication has also created a twitter handle on 20.08.2009 with the user name @ Dainikbhaskar. This group has got several reporters throughout 13 States in India, and it has been collecting news through trained journalists. One of the Reporters, one Vijay Singh Baghel, who is the Senior Correspondent had continuously reported for three days from Tamil Nadu on March 5 th , 6 th and 7 th and also had interviewed four persons on 02.03.2023 from Tamil Nadu. Based on the inputs given by him, the videos were published in the twitter handle. Subsequently, they were also reported in the newspaper and the same was also widely circulated. On the same day, around 2.11 pm the Director General of Police, Tamil Nadu had circulated a whatsapp message and in the other form of media stating that the reports were fake. Immediately coming to know about the same, the videos were removed from the web and they have also published a news article stating that the videos sent by the reporter is fake 6. The learned Senior Counsel further submits that the publication functions strictly on the basis of information received from its reporters and only after due diligence, the corrected and 6/18 https://www.mhc.tn.gov.in/judis Crl.OP.No.25483of 2023updated story will be published in all the forms of media. He would submit that the petitioner had no intention to create panic among the migrants in the State of Tamil Nadu or to promote enmity between different groups on the grounds of place of birth, language, residence etc. He would further submit that the petitioner has tendered his unconditional apology to this Court as well as to the people of Tamil Nadu for publishing a news, without verifying the veracity of the same. He would submit that he has also filed an affidavit of unconditional apology before this Court and that the petitioner is ready to co-operate with the respondent in the investigation. 7. The first respondent has filed a detailed counter. 8. The learned Government Advocate (Criminal Side) appearing for the first respondent police submits that it is a very serious and sensitive matter. The petitioner who claims to be the news editor of a leading magazine, without verifying the veracity of the news, had uploaded the contents which were likely to create panic among the migrants in the State of Tamil Nadu or to promote enmity between different groups on the grounds of place of birth, language, 7/18 https://www.mhc.tn.gov.in/judis Crl.OP.No.25483of 2023residence, etc. He would submit that the situation was very tense throughout the country. Relying on the report of the petitioner, several other youtubers have also raised alarm and created panic in the minds of viewers throughout the country and elsewhere. He would submit that the petitioner, being very insensitive and irresponsible, had published the matter without taking into consideration the consequences which would have resulted. 9. Heard Mr.B.Kumar, the learned Senior Counsel and the learned Government Advocate (Crl.Side) for the first respondent police and perused the material available on record including the F.I.R. 10. A perusal of the records revealed that the allegation levelled against the petitioner is that he being an Editor of a reputed News Media Group, had spread a false and fake news in the Media as if people from a particular part of the nation are being violently attacked in Tamil Nadu and thereby he had created panic in the public and caused hazard and annoyance to public tranquility. 11. While dealing with a public interest litigation filed for 8/18 https://www.mhc.tn.gov.in/judis Crl.OP.No.25483of 2023redressal of grievances of migrant labourers during the pandemic period, the Apex Court in Alakh Alok Srivastava vs. Union of India (2020 SCC OnLine SC 345) has observed that the Media (print, electronic or social) is expected to maintain a strong sense of responsibility and ensure that unverified news capable of causing panic is not disseminated. 12. The petitioner in the case on hand claims to be an Editor of a reputed publication which is in existence from the year 1958 and the publication group to which he belongs has a wide circulation throughout four States in North India. The Media is considered to be the fourth pillar of the democracy as it carries with such a huge power and responsibility as public repose their trust and confidence in the Media. The Media and Press need to adopt their professional ethics and take care of public interest instead of concentrating on sensational news alone for promoting their own commercial interest. Such a bounden duty cannot be shirked by them under the guise of freedom of speech. 9/18 https://www.mhc.tn.gov.in/judis Crl.OP.No.25483of 202313. Such being the expectation of the democratic system, it is painful to note that the petitioner, without verifying or exercising due diligence to find out the veracity of the news and without understanding the sensitivity, merely in order to sensitize the public, had published a fake news. This Court strongly deprecates the act of the petitioner in publishing such a sensitive news, without verifying the correctness of the same. However, taking into consideration the unconditional apology rendered by the petitioner and the undertaking made on his behalf that he would publish a Corrigendum in the homepage itself that the news published by him is a fake one and that he would be more vigilant not to indulge into any such activities in future. 14. The petitioner is arrayed as an accused in this case. On 02.03.2023, Dainik Bhaskar in a prominent Hindi news daily published an exclusive news report detailing the Talibani style punishment which purportedly was being inflicted on Biharis for speaking in Hindi. 10/18 https://www.mhc.tn.gov.in/judis Crl.OP.No.25483of 202315. In the said report, Dainik Bhaskar claimed that their correspondent had spoken to one migrant worker-Arman, native of Jamui in Bihar, who at the relevant time was stuck in Coimbatore, Tamilnadu. While he narrated his ordeal interalia, claimed that 12 people from Bihar have hanged to death. On the same date i.e., 02.03.2023, a similar news report about violence being inflicted upon various migrant workers of Bihar, in various parts of Tamilnadu was also published in another prominent Hindu Newspaper called '' Hindustan''. Thereafter, the Hon'ble Chief Minister of Bihar issued a statement on his official Twitter Account, which translates as under:'' I have learned through newspapers that Bihari workers in Tamil Nadu are being attacked. I have directed the Chief Secretary and the Director General of Police to speak to officers of Tamilnadu Government and to ensure safety of workers from Bihar''. 16. After few hours, the Director General of Police, Tamilnadu had issued a statement; that refuting allegations that Bihari migrant workers were being attacked in Tamilnadu and the videos circulating 11/18 https://www.mhc.tn.gov.in/judis Crl.OP.No.25483of 2023on social media regarding laborers from Bihar being killed were fake. Thereafter, the petitioners had published a news report in Opindia.com on the public controversy that had erupted consequent to the Dainik Bhaskar's exclusive report on the violence against the Bihari migrants narrating every aspect/ dimension of the controversy including the concern expressed by the Hon'ble Chief Minister of Tamilnadu and also the clarification issued by the Director General of Police, Tamilnadu. 17. Infact after clarification issued by the Director General of Police, Tamilnadu, the Dainik Bhaskar carried a further story on 05.03.2023 with the caption that '' Exodus of Biharis from Tamilnadu; on DGP's claim workers say if nothing happened, then why are we coming back''. 18. After clarification issued by the Director General of Police, Tamilnadu, the petitioners had amended their article in Opindia.com on 05.03.2023 which reads as follows:'' the claims about murders and killing as well as the fingers of the Hindi-speaking migrant 12/18 https://www.mhc.tn.gov.in/judis Crl.OP.No.25483of 2023laborers being chopped and the laborers being locked in a room and hanged, which were reported by Dainik Bhaskar were retracted after the incident caused nationwide controversy. Since their reports were based on Dainik Bhaskar's report and were reproduced here crediting them explicitly, we have removed those claims as well because Bhaskar doesn't seem to be standing by it anymore''. 19. Even then it is resulted in registration of FIR as against the petitioner on the complaint lodged by the second respondent. Infact, the first respondent had sent notices under Section 41A of Cr.P.C for seeking information from the petitioner. 20. The registration of an FIR has the effect of choking the right of free speech. Freedom of Speech as enshrined under Article 19(1)(a), and the right to personal liberty as enshrined under Article 21 of the Constitution of India. Therefore, admittedly the said news was originally published by Dainik Bhaskar and other publishers. Therefore, the petitioner is not originator of the said news. Infact on 13/18 https://www.mhc.tn.gov.in/judis Crl.OP.No.25483of 2023perusal of the news published by them also revealed that they had specifically mentioned about the incident which was published by Dainik Bharskar and they also published another news saying that earlier news is fake one. Therefore, the registration of the FIR is nothing but abuse of Penal Provision against an act of bonafide and fair publication of a news pertaining to a public controversy, is in teeth of Freedom of Speech guaranteed under Article 19(1)(a) , more so when a bare perusal of the publication in question makes it amply clear that none of ingredients of the offences as alleged by the prosecution are made out. 21. In so far as offences punishable under Section 153 A of IPC is concerned there are no ingredients to attract the said offence. None of the statements contained in the report were made or directed at promoting enmity or hatred or ill-will between the groups or prejudicial to the maintenance of harmony or which may have affected public tranquility, much less between any religious groups, nor did the petitioners do anything prejudicial to maintenance of harmony. On perusal of the news item published by the petitioner, 14/18 https://www.mhc.tn.gov.in/judis Crl.OP.No.25483of 2023there is nothing to show that that the petitioner had published the report with the intention to cause disorder or incite people to violence which is sine qua non for attracting the provision of Section 153A of IPC. 22. The offence under Section 505(1)(b) and 505(2) of Indian Penal Code is not attracted in the present case, as the petitioners have neither insulted, much less intentionally, nor provoked any person to break public peace or commit any other offence. Therefore, the provocation or intentional insult must be of such a degree that should provoke a person to break the public peace to commit any other offence. 23. Further the Honble Supreme Court of India held in the case reported in 199 6 SCC 150 in the case of Union of India Vs. Motion Pictures Association held that'' free speech is the foundation of democratic society and free exchange of ideas, dissemination of information without restraints dissemination of knowledge, airing of differing view points, debating and forming one's own views and expressing them, are the basic indicia of a free society. The freedom alone makes 15/18 https://www.mhc.tn.gov.in/judis Crl.OP.No.25483of 2023it possible for people to formulate their own views and opinions on a property basis and to exercise their social, economic and political rights in a free society in an informed manner and therefore, any restraints on this right, therefore have been jealously watched by the Court''. 24. Further, the Hon'ble Supreme Court of India in W.P (Criminal)No.155 of 2020 dated 09.12.2021 held that the “State force should never be used to either browbeat a political opinion or the journalists suffer the consequences of what is already in public domain. We hasten to add that this does not take away the responsibility of the journalist in how they report the matters more so in a '' twitter age” Therefore, the news which is allegedly published by the petitioner were already in public domain. 25. The above case is squarely applicable to the case on hand. Thus it is clear that curtailed freedom of speech and expression of the petitioner is arbitrarily and extra constitutional and thus fails the test of reasonableness. Hence, this Court finds that no offence is made out as against the petitioner and it is liable to be dismissed. 16/18 https://www.mhc.tn.gov.in/judis Crl.OP.No.25483of 202326. In view of the above, the FIR registered in Cr.No.11 of 2023 on the file of the first respondent is hereby quashed and this Criminal Original petition is allowed. Consequently, connected miscellaneous petition is closed. 22.04.2025VvTo1. The Inspector of Police, Avadi CCB Police Station, Avadi City CCB, Chennai. 2. The Public Prosecutor, Madras High Court, Chennai.17/18 https://www.mhc.tn.gov.in/judis Crl.OP.No.25483of 2023G.K.ILANTHIRAIYAN, J. Vv Crl.O.P.No.25483 of 2023 22.04.202518/18