Suo Motu Wp Vs The Director General of Police-TamilNadu

Prayer: Suo Motu initiated for a Writ of Mandamus directing the respondents to take action as per directions of the Hon'ble Supreme Court in W.P.No.943 of 2021, in letter and spirit against Thir.K.Ponmudi, Former Minister, Government of Tamilnadu, in regard to his speech in public gathering meeting organised by the Thanthai Periyar Dravida Kazhakam (TPDK) on 08.04.2025 and thereby file a report to this Court within a time fixed by this Court.

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https://www.mhc.tn.gov.in/judis

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W.P.(Crl.) Nos.1 of 2025 and 610 of 2025

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For Petitioner in:

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WMP SR.No.50017/2025 : Mr.S.Iyyapan WMP SR.No.50224/2025 : M/s.B.Sruti WMP SR.No.50227/2025 : M/s.R.K.Varshini WMP SR.No.50350/2025 : Mr.G.Karthikeyan, S.C.for M/s.K.Aravintha Bharathi WMP SR.No.50351/2025 : Mr.G.Karthikeyan, S.C.for M/s.K.Aravintha Bharathi WMP SR.No.50386/2025 : M/s.L.Thanasingh WMP SR.No.50390/2025 : M/s.L.Thanasingh WMP SR.No.50398/2025 : M/s.R.Subramanian WMP SR.No.50752/2025 : M/s.D.Kamatchi WMP SR.No.50753/2025 : M/s.D.Kamatchi WMP SR.No.50833/2025 : M/s.T.Jeyam WMP SR.No.51886/2025 : M/s.V.Manisha WMP SR.No.52034/2025 : M/s.Karthikeyan

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For R1&R2 in W.P.(Crl.) No.1 of 2025 and R1&R2 in WPMP(Crl.)Nos.50350, 50351, 50833, 51886, 52034/2025 and R2&R3 in WPMP(Crl.)Nos.50017, 50224, 50227, 50386, 50390/2025 and R2 to R4 in WPMP(Crl.)Nos.50398, 50752, 50753/2025

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: Mr.P.S.Raman Advocate General Assisted by Mr.E.Raj Thilak Additional Public Prosecutor

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In W.P. (Crl.) No.610 of 2025 Mr.G.S.Mani

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... Petitioner

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Vs.

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The Dy. Commissioner of Police Central Crime Cell, Commissioner Office Campus, Vepery, Chennai – 600 007

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https://www.mhc.tn.gov.in/judis

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W.P.(Crl.) Nos.1 of 2025 and 610 of 2025

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Inspector of Police,

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Cyber Crime PS, Central Crime Branch Vepery, Chennai – 600 007

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Mr.K.Ponmudi Former Minister for Forest Dept.

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... Respondents

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PRAYER : Writ Petition (Criminal) filed under Article 226 of Constitution of India to issue a Writ of Certiorari Mandamus calling for the records of the 2 nd respondent, Inspector of Police, Cyber Crime PS, Central Crime Branch, Chennai in Ref: C.No.499/CCB/DC-IV/Camp/2025 dated 23.07.2025, set aside the same and direct the 1 st and 2 nd respondents police to hand over the criminal investigation against 3 rd respondent, Former Minister, Mr.K.Ponmudi to an independent agency viz. SIT or CBI for free and fair further investigation on petitioner's police complaint dated 11.04.2025.

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For Petitioner : Mr.G.S.Mani (appeared in person)

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For Respondents 1 & 2 : Mr.P.S.Raman Advocate General Assisted by Mr.E.Raj Thilak Additional Public Prosecutor

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https://www.mhc.tn.gov.in/judis

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W.P.(Crl.) Nos.1 of 2025 and 610 of 2025

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O R D E R

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This Court has taken suo motu cognizance after noticing the alleged hate speech made by the Former Minister Thiru.Ponmudi as per the directions of the Hon’ble Apex Court in Pravasi Bhalai Sangathan vs Union of India reported in (2014) 11 SCC 477 and also W.P.No.943 of 2021 vide order dated 28.04.2023.

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2. The Writ Petition in W.P.No.610 of 2025 has been filed by the petitioner challenging the closure report filed by the 2 nd respondent in Ref: C.No.499/CCB/DC-IV/Camp/2025 dated 23.07.2025 and to direct the 1 st and 2 nd respondents police to hand over the criminal investigation against 3rd respondent, Former Minister, Mr.K.Ponmudi to an independent agency viz. SIT or CBI for free and fair further investigation on petitioner's police complaint dated 11.04.2025.

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3.Now the stand of the State is that the police investigated the matter

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and found that the speech is only the replica of the earlier speech made in

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the revolution movements in the year 1975.

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W.P.(Crl.) Nos.1 of 2025 and 610 of 2025

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Be that as it may. Now this Court is not venturing into the factual

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aspects and merits of the case. It appears that the closure report had also been served to the defacto complainants. One of the complainants submits that they have already filed a private complaint before the XVIII Metropolitan Magistrate, Saidapet and now the same has been transferred to the Special Court dealing with the Cases against MPs and MLAs case.

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In such view of the matter, let the complainants proceed with the

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private complaint filed against the hate speech allegedly spoken by the

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Former Minister.

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Liberty is also granted to the complainants to challenge the closure report before the concerned Magistrate.

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Further, a similar closure report was already challenged before the

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Division Bench of this Court in W.P.No.11689 of 2025 and the Division Bench by an order dated 23.04.2025 dismissed the same granting liberty to challenge the rejection order in the manner known to law.

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Similarly, in W.P.No.11435 of 2025, a learned Single Judge of this

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Court, closed the writ petition granting liberty to the petitioner therein to

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W.P.(Crl.) Nos.1 of 2025 and 610 of 2025

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challenge the closure report in the manner known to law.

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In this regard, it is relevant to refer the judgment of the Hon'ble

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Apex Court in the case of Imran Pratapgadhi Vs. State of Gujarat reported in 2025 SCC Online 678 wherein, it has been held that;

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(i)..

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(ii) Under sub-Section (3) of Section 173 of the BNSS, after holding a preliminary inquiry, if the officer comes to a conclusion that a prima facie case exists to proceed, he should immediately register an FIR and proceed to investigate. But, if he is of the view that a prima facie case is not made out to proceed, he should immediately inform the first informant/ complainant so that he can avail a remedy under sub-Section (4) of Section 173.

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Considering the above facts and circumstances, both the Writ Petitions are closed. Liberty is granted to the complainants to challenge the closure report and also to file private complaints before the Magistrate concerned. Consequently, the connected Miscellaneous Petitions are closed.

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16.09.2025

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ksa-2 Index:Yes/No Speaking/Non-speaking order Neutral Citation:Yes/No

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https://www.mhc.tn.gov.in/judis

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W.P.(Crl.) Nos.1 of 2025 and 610 of 2025

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To