Justice M S Ramesh gave the oral direction to Annadanapatty police in Salem district, where the case was registered on October 2, on a petition by Pugazhenthi, a staunch supporter of Dhinakaran, seeking to quash the FIR.
The judge refused to stay the FIR as sought by the petitioner, who submitted that the police might harass them under the pretext of investigation in the case.
Dhinkaran and 16 of his supporters were charged with issuing pamphlets opposing the National Eligibility cum Entrance Test in which they have allegedly defamed Prime Minister Narendra Modi and Chief Minister K Palaniswami.
They have been booked for sedition, unlawful assembly and defamation among other offences in the FIR.
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The petitioner said several agitations had been held across the state opposing NEET with circulation of similar pamphlets with slogans against state and central governments.
The complaint against Dhinkaran was 'ill-motivated', he contended seeking quashing of the FIR.
Besides Dhinakaran and Pugazhenthi, disqualified MLA P Vetrivel is among the accused.