(1.) This Criminal Original Petition was filed for quashing the FIR in Crime No.21 of 2021 registered on the file of the first respondent for the offences under Ss. 124(A), 153(A), 504, 505(1)(b) and 505(2) of IPC. The second respondent herein is the defacto complainant.
(2.) The petitioner herein is a well known political commentator in the social media, running his own 'Youtube' Channel. He is also active on 'Twitter'. The tragic demise of Gen.Bipin Rawat and other army personnel on 08.12.2021 was greeted with glee by some. The petitioner identified them as belonging to 'Dravidar Kazhagam' and 'Dravida Munnetra Kazhagam'. The petitioner in his tweet raised a question as to whether Tamil Nadu under DMK rule was becoming another Kashmir. He expressed his apprehension that if the environment is conducive to breed such anti-national groups, then, there is a possibility of any conspiracy of humongous proportions being hatched. He demanded that the secessionist forces should be suppressed.
(3.) The defacto complainant who is the District Coordinator of the IT Wing of DMK claimed to have come across the said tweet. Thereupon, he lodged a complaint before the first respondent leading to registration of the impugned FIR.