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P.Nanthish Kumar v. The State of Tamilnadu Rep by the Inspector of Police, Allinagaram

ALLOWED
Court
High Court of Madras
Decided
5 June 2026
Bench
R.Vijayakumarauthor
Case no.
CRL OP(MD) 8949/2026

Judgment

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.

¶2A 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.

¶3According 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.

¶4The petitioner has filed an undertaking affidavit dated 04.06.2026. Paragraph Nos.4 to 6 of the affidavit are extracted as follows: "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.

¶5I 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.

¶6I 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."

¶5Considering 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 petitioner is hereby warned to be cautious in future.

¶6In 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

¶1The Inspector of Police, Allinagaram Police Station, Theni District.

¶2The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. R.VIJAYAKUMAR,J. ebsi Crl.O.P(MD)No.8949 of 2026

05.06.2026

Case details

Parties and counsel

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)

Source: High Court of Madras, through the eCourts High Court services, via the Indian High Court Judgments open dataset by Dattam Labs (CC BY 4.0). Text was extracted from the official PDF and may contain conversion errors. Check the official PDF before relying on it.