← Library
Madras High CourtCRL OP/3078/2026allowed

Marsook Ahamed v. The State Rep By, The Sub-Inspector Of Police

2026-02-10Honourable Mr Justice A.D.Jagadish Chandira5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 10-02-2026

CORAM

THE HON'BLE MR JUSTICE A.D.JAGADISH CHANDIRA and Crl.M.P.No.2130 of 2026 Marsook Ahamed ..Petitioner Vs The State represented by The Sub-Inspector of Police, Muthupettai Police Station, Tiruvarur District.

Crime No.292 of 2022.

..Respondent Criminal Original Petition is filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita to call for the records relating to the case in Crime No.292 of 2022 on the file of the respondent herein and quash the same as illegal and without jurisdiction.

For Petitioner :

Mr.I.Abdul Basith For Respondent :

Mr.S.Santhosh Government Advocate (Criminal Side)

ORDER

The present Criminal Original Petition has been filed seeking to quash the proceedings in Crime No.292 of 2022, pending on the file of the respondent Police.

2.

The case of the prosecution is that on 22.09.2022, the petitioner and others, without obtaining prior permission, had illegally assembled and protested against the arrest of the National President and other leader of their organization, thereby causing disturbance to the public. Therefore, a case in Crime No.292 of 2022 was registered by the respondent Police for the offences under Sections143 & 341 of IPC.

3.

The 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.

4.

The learned Government Advocate (Criminal Side) appearing for the respondent Police submitted that investigation in this case has been completed, final report has been filed and he also 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 First Information Report in Crime No.292 of 2022, on the file of the respondent Police is hereby quashed in entirety. Consequently, the connected miscellaneous petition is closed. 10-02-2026 MRN

To 1.The Sub-Inspector Of Police Muthupettai Police Station, Tiruvarur District.

Crime No.292 of 2022.

2.The Public Prosecutor, High Court of Madras.

A.D.JAGADISH CHANDIRA, J.

MRN Crl. O.P. No. 3078 of 2026 10-02-2026