The Telangana High Court on Wednesday quashed three FIRs lodged against Nalla Balu @ Durgam Shashidhar Goud, who was accused of posting offensive remarks against the Congress party and Chief Minister Revanth Reddy on social media. Justice N. Tukaramji delivered the common order, making it clear that harsh political criticism cannot be equated with criminal offences.
Background
The cases stemmed from three separate FIRs registered earlier this year by the Telangana Cyber Security Bureau and Ramagundam police. The accusations were linked to tweets describing Congress as a 'scourge,' alleging '20% commission' under the Chief Minister's rule, and posting allegedly abusive remarks against him.
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Police charged the petitioner under various provisions of the Bharatiya Nyaya Sanhita (BNS), 2023, and Section 67 of the Information Technology Act, 2008.
The defence argued that these posts amounted to political opinion protected under Article 19(1)(a) of the Constitution.
"There was no incitement, no obscenity, and no evidence of public disorder," counsel T.V. Ramana Rao submitted.
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Court's Observations
Justice Tukaramji undertook a detailed analysis of the provisions invoked. He stressed that criminal liability requires both wrongful intent and a harmful effect.
"Mere publication of offensive or critical content, without intent to cause prohibited consequences, is insufficient," the bench observed.
On the allegation of obscenity, the Court clarified that abusive remarks cannot be automatically treated as obscene under the IT Act. As for defamation, it held that only an "aggrieved person" can initiate proceedings, not unrelated third parties like the police constables who had filed complaints.
Citing precedents such as Shreya Singhal v. Union of India and Kedar Nath Singh v. State of Bihar, the Court underscored that political speech enjoys the highest protection in a democracy, unless it incites violence or disorder.
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Decision
Finding that none of the FIRs disclosed a cognizable offence, the Court quashed all three cases against the petitioner. Importantly, Justice Tukaramji also laid down operational guidelines for police and magistrates in handling social media-related complaints.
These include verifying the complainant’s standing, conducting preliminary inquiries, and avoiding mechanical registration of FIRs for political criticism.
"The criminal process must not become a tool to silence dissent," the bench observed before allowing the petitions.
With this order, FIRs Nos. 08/2025, 13/2025, and 146/2025 stand quashed.
Case title: Nalla Balu @ Durgam Shashidhar Goud vs The State of Telangana and Anr. and batch
Case Number:- Criminal pettition nos. 4905, 4903 & 8416 OF 2025
