JUDGMENT : 1. Petitioners are the accused in CC No.1033/2016 of the Judicial First Class Magistrate's Court, Nilambur, based on Annexure-C final report filed in Crime No.333/2011 of Edakkara Police Station for the offences punishable under Sections 153A(1)(a) read with Section 149 IPC. Petitioners 1 and 3 to 11 are the students and the 2nd petitioner is the Principal of a College named Sri Vivekananda Arts and Science College, Palamadu. 2. On 13.07.2011, the College Union published the College Magazine for the year 2011, in which the 1st petitioner published an article with the caption “Chorathilappu”, which was the verbatim reproduction of a portion of a book named “Fascism valarunna vazhi” written by a person named Dr. M.M. Akbar. 3. It is alleged that the contents of the said article tent to create communal hatred and also it defamed the followers of the Hindu religion and Indian Military. It is also alleged that it humiliates the Hindu rites and rituals. 4. Heard learned counsel for the petitioners and learned Public Prosecutor. 5. Learned counsel for the petitioners has taken this Court through the said article, which is produced as Aannexure-A. Annexure-B reveals that the said article was taken from the book named “Fascism valarunna vazhi” written by a person named Dr. M.M. Akbar. On a threadbare examination of the contents of the article, it has come out that it does not contain anything which promotes communal hatred. It is false to state that the contents of the said article humiliate or defame the followers of Hindu religion or the Hindu rites and rituals. It is not correct to say that it defames the Indian Military. 6. Apart from the above, it is evident that the said article is the verbatim reproduction of the contents of a book written by a person named Dr.M.M.Akbar. The original author namely, Dr.M.M.Akbar, has not been arraigned as an accused in the crime. No proceedings were initiated against the said person. The said book was a published one as is evident from Annexure-3. Without lifting even the little finger against the person, who wrote and published the book, the unfortunate students and the Principal of a College have been unnecessarily proceeded against for an offence which is not even in their contemplation. 7. Under the guise of protecting the rights of Hindus, unnecessarily, the petitioners have been proceeded against. Without lifting even the little finger against the person, who wrote and published the book, the unfortunate students and the Principal of a College have been unnecessarily proceeded against for an offence which is not even in their contemplation. 7. Under the guise of protecting the rights of Hindus, unnecessarily, the petitioners have been proceeded against. The attempt is nothing but to shut the mouth of the citizens and this is nothing but an act against the freedom of speech and expression. When no offence has been made out, all further proceedings in CC No.1033/2016 of the Judicial First Class Magistrate's Court, Nilambur are quite unnecessary and the same are liable to be quashed. In the result, this Crl.M.C. is allowed and Annexure-C final report in Crime No.333/2011 of Edakkara Police Station and all further proceedings against the petitioners in CC No.1033/2016 of the Judicial First Class Magistrate's Court, Nilambur, are quashed.