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Madras High CourtCRL OP/1480/2026allowed

Akbar Alikhan @ Akbar Ali v. State Rep.By Its, The Sub Inspector Of Police,

2026-01-23Honourable Mr Justice A.D.Jagadish Chandira4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 23.01.2026

CORAM:

THE HON'BLE MR. JUSTICE A.D.JAGADISH CHANDIRA Crl.O.P.No.1480 of 2026 and Crl.M.P.911 of 2026 Akbar Alikhan @ Akbar Ali ... Petitioner Vs.

1. The State of Tamil Nadu, Represented by the Sub-Inspector of Police, Tiruvannamalai Police Station, Tiruvannamalai District.

(Crime No.480 of 2022) 2.Karthik The Sub Inspector of Police, Tiruvannamalai East Police Station, Tiruvannamalai District.

... Respondents PRAYER: Criminal Original Petition is filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita/Section 482 Cr.P.C., to call for the entire records and quash the proceedings in C.C.No.127 of 2023, pending on the file of the Judicial Magistrate No.II, Tiruvannamalai. For Petitioner : Mr.M.Mohamed Azharudeen For Respondents : Mr.S.Santhosh, Govt. Advocate (Crl.Side) for R1 1/4

O R D E R

The present Criminal Original Petition has been filed seeking to quash the proceedings in C.C.No.127 of 2023, pending on the file of the learned Judicial Magistrate No.II, Tiruvannamalai. 2.

The case of the prosecution is that on 22.09.2022, the petitioner and others, had unlawfully assembled, without obtaining any permission and conducted a protest in Arivoli Park against the National Investigation Agency. Therefore, a case in Crime No.480 of 2022 was registered by the respondent Police for the offences under Sections 143 & 188 IPC. Subsequently, the final report has been filed under Sections 143, 341 and 290 of IPC.

3.

Learned counsel appearing for the petitioner submitted that the facts of the instant case are similar to the facts of the cases in Jeevanandham and others vs. The Inspector of Police, Velayuthampalayam Police Station, Karur District reported in (2018 2 LW (Crl) 606) and Sri Raja vs Inspector of Police, Sivakasi Town Police Station Virudhunagar District and others (Crl.O.P(MD) No.7922 of 2019, decided on 30.08.2019), in which the proceedings were quashed. Hence, he prayed to quash the proceedings pending against the petitioner. 2/4

4.

Learned Government Advocate (Crl.Side) appearing for the first respondent Police endorses the aforesaid submission. 5.

Heard the learned counsel appearing on either side and perused the materials available on record.

6.

In view of the above, this Court is of the opinion that the above said decisions would apply on all fours to the present case and that no useful purpose will be served by keeping the proceedings pending and is liable to be quashed. Further, though the petition has been filed by the petitioner alone, no useful purpose would be served by allowing the proceedings to continue against the remaining accused, who are all similarly placed, and it is an abuse of process of law. 7.

Accordingly, the Criminal Original Petition stands allowed and the proceedings pursuant to the final report in C.C.No.127 of 2023, on the file of the learned Judicial Magistrate No.II, Tiruvannamalai, is hereby quashed in entirety. Consequently, the connected miscellaneous petition is closed.

23.01.2026 vkr 3/4

A.D.JAGADISH CHANDIRA , J.

vkr To 1.

The Judicial Magistrate No.II, Tiruvannamalai. 2.

The Sub-Inspector of Police, Tiruvannamalai Police Station, Tiruvannamalai District.

3.

The Public Prosecutor, High Court of Madras.

Crl.O.P.No.1480 of 2026 and Crl.M.P.No.911 of 2026 23.01.2026 4/4