Recently, the Telangana High Court dismissed a First Information Report (FIR) filed against a law graduate who posted on X (formerly Twitter), characterizing the state's law and order situation as a mockery.

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!"

Gopal clarified that his post was inspired by a Press Note issued by the Commissioner of Police, Hyderabad, which imposed prohibitory orders on any assembly of individuals within a 500-yard radius of all Telangana Open School Society (TOSS) SCC and Intermediate Public Examination Centres. These orders were effective from 6 a.m. on April 25 to 6 a.m. on May 5, 2023.

Gopal challenged the registration of the FIR by moving the high court, arguing that the complaint lacked any elements indicating a violation of the alleged sections.

The Assistant Public Prosecutor opposed Gopal's plea, contending that the case was still in the FIR stage and emphasizing the need for further investigation.

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 to the initiation or registration of the case as well as the materials collected in the course of investigation”.

Justice T Madhavi Devi's bench, after hearing both parties, noted that Gopal's comment did not seem to be made with the intention of provoking or disrupting public peace, nor did it appear to promote feelings of enmity, hatred, or ill-will between different groups, castes, or communities. These elements were crucial considerations for Sections 504 and 505(2) of the Indian Penal Code (IPC).