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As per case facts, a complaint was filed against Petitioner Rajat Kalsan for a video showing him in a public meeting making statements that alleged a murder was an internal
...family dispute, that accused individuals were falsely implicated, and that villagers were "casteist goons." This led to FIR No.238 being registered under Bharatiya Nyaya Sanhita, 2023 sections. The Petitioner sought to quash the FIR, claiming professional advocacy. The question arose whether the Petitioner's speech, given its context and use of caste-laden terms, exceeded free speech and constituted a cognizable offense. Finally, the High Court found the Petitioner's use of "casteist goons" deliberate and likely to incite disharmony. Considering the context of a caste-specific gathering and the Petitioner's role, the Court held that the allegations prima facie disclosed an offense, extending beyond professional advocacy, and dismissed the petition, stating that freedom of speech has limitations, especially when it incites public disorder or promotes enmity.
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