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Synopsis

The Telangana High Court has recently quashed a First Information Report (FIR) lodged against a law graduate who made a post on X (formerly Twitter) calling state’s law and order situation a joke.

The FIR was registered against Vijay Gopal under Sections 504 and 505 (2) of the Indian Penal Code (lPC).

Gopal had made a post on X that "Law & Order has become a joke on Telangana... If you cannot do your job without being sooo insecured all the time, you should find another job. This is nothing but abuse of office. It’s just exam, not some war. Prohibitory orders, silly!"

According to Gopal, he had made the post in reference to a Press Note that the Commissioner of Police, Hyderabad had issued imposing prohibitory orders of all kinds of assembly of persons near (500 yards) all the Telangana Open School Society (TOSS) SCC and Intermediate Public Examination Centres between 6 am, April 25 and 6 am, May 5,2023.

Challenging the registration of the FIR, Gopal moved the high court. He contended that the complaint did not reflect any ingredients of violation of the Sections alleged.

Gopal’s plea was opposed by the Assistant Public Prosecutor who argued that the case was only at the FIR stage and further investigation was necessary.

Gopal relied on the decision of the Supreme Court in case of Salib @Shalu @ Salim Vs. The State of Uttar Pradesh and others where it was held that “court while exercising its jurisdiction under Section 482 of the CrPC or Article 226 of the Constitution need not restrict itself only to the stage of a case but is empowered to take into account the overall circumstances leading lo the initiation/registration of the case as well as the materials collected in the course of investigation”.

The bench of Justice T Madhavi Devi observed that after hearing both the parties, it found that the comment made by Gopal did not appear to have been passed to provoke/break the public peace or to promote feeling of enmity, hatred or ill-will between different groups or castes or communities, as were the ingredients of Sections 504 and 505(2) of IPC.

“In this case, the comment is a general comment though it may not be in good taste,” said the court.

Consequently, court allowed the criminal petition moved by Gopal and quashed the FIR.

Case Title: Vijay Gopa v. State of Telangana and Another