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Madras High CourtCRL OP/3558/2026allowed

Rajendran @ Sorathur Rajendran v. The State Rep. By The Inspector Of Police,

2026-02-12Honourable Mr Justice A.D.Jagadish Chandira5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 12.02.2026

CORAM:

THE HONOURABLE MR. JUSTICE A.D.JAGADISH CHANDIRA and Crl.M.P.Nos.2462 & 2505 of 2026 Crl.O.P.No.3558 of 2026 Rajendran @ Sorathur Rajendran Former member of Tamil Nadu Legislative Assembly ... Petitioner Crl.O.P.No.3620 of 2026 1.Sivasubramaniyan Former Member of Tamilnadu Legislative Assembly 2.Rajasekar ... Petitioners -Vs1.The State Rep. by The Inspector of Police, Kurinjipadi Police Station, Cuddalore District. (Crime No.339 of 2024) 2.Ganapathy.P Sub- Inspector of Police, Kurinjipadi Police Station, Cuddalore District. ... Respondents (In both Crl.OPs) Common Prayer : Criminal Original Petitions filed under Section 528 of B.N.S.S, to call for the records of the case in Crime No.339 of 2024, on the file of the Kurinchipadi Police Station, Cuddalore and quash the same.

In both Crl.OPs.

For Petitioners : Mr.M.Manimaran For R1 : Mr.K.M.D.Muhilan Additional Public Prosecutor COMMON O RDER These Criminal Original Petitions have been filed seeking to quash the proceedings in Crime No.339 of 2024, pending on the file of the 1st respondent police.

2.

The case of the prosecution is that on 30.12.2024, the petitioners, along with 97 other persons, allegedly formed an unlawful assembly without prior permission and raised slogans condemning the reported harassment and sexual assault of an engineering student at Anna University, thereby allegedly causing a public nuisance. Consequently, the respondent police registered the aforesaid case in Crime No. 339 of 2024 for offences punishable under Sections 189(2) and 126(2) of BNS, 2023.

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 No.7922 of 2019, decided on 30.08.2019), in which the proceedings were quashed. Hence, he prayed to quash the summons issued on the petitioners.

4.

Learned Additional Public Prosecutor appearing for the 1st respondent police submitted that there are totally 100 named accused and 275 unnamed accused in the above case and he also endorsed the aforesaid submission of the learned counsel for the petitioners. 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 impugned proceedings pending and the same is liable to be quashed. Further, though the present petition has been filed by the petitioners alone, this Court finds that the allegations against the remaining accused are identical and they are similarly placed. Therefore, continuation of the proceedings against them will also be an abuse of process of law.

7.

Accordingly, the Criminal Original Petition stands allowed and the proceedings in Crime No.339 of 2024, on the file of the first respondent police is hereby quashed in toto i.e., as against the petitioners as well as the other accused. Consequently, the connected Miscellaneous Petitions are closed. 12.02.2026 1/2 Index : Yes/No Speaking/Non Speaking order rpl To

1. The Inspector of Police, Kurinjipadi Police Station, Cuddalore District.

2. The Public Prosecutor, High Court Madras, Chennai.

A.D.JAGADISH CHANDIRA . J, rpl 12.02.2026 1/2