Hemamalini v. The State Rep.By Its, The Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 09.02.2026
CORAM:
THE HON'BLE MR. JUSTICE A.D.JAGADISH CHANDIRA and Crl.M.P.Nos.1603 & 1605 of 2026 Hemamalini ... Petitioner Vs.
The State represented by, The Inspector of Police, Perumanallur, Tiruppur District.
... Respondent PRAYER: Criminal Original Petition is filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita/Section 482 Cr.P.C., to call for the records and quash the charge sheet in S.T.C.No.877 of 2024 pending on the file of the learned Judicial Magistrate, Avinashi, Tiruppur, as against the petitioner herein.
For Petitioners : Ms.G.S.Dhanalakshmi For Respondent : Mr.S.Santhosh Government Advocate (Criminal Side)
O R D E R
The present Criminal Original Petition has been filed seeking to quash the proceedings in S.T.C.No.877 of 2024, pending on the file of the learned Judicial Magistrate, Avinashi, Tiruppur. 1/5
2.
The case of the prosecution is that on 21.03.2023, during night hours, the petitioner and others, who belong to Perumanallur Village, without obtaining any prior permission, unlawfully assembled and staged a protest objecting to the non-measurement of the land used as a pathway to access the residential area comprised in Survey Nos.382/18, 382/19, 250/1A and 388/6 of the said village. Despite orders to disperse, the accused continued to assemble unlawfully and allegedly caused public nuisance. Consequently, based on the complaint given by the Village Administrative Officer of the Perumanallur Village, a case in Crime No.102 of 2023 was registered by the respondent Police for the offences under Sections 143, 145, 283 & 290 IPC. After completion of investigation, the final report was filed before the learned Judicial Magistrate, Avinashi, Tiruppur and the learned Magistrate took cognizance of the same and numbered it as S.T.C.No.877 of 2024, which is now sought to be quashed. 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 2/5
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, she prayed to quash the proceedings pending against the petitioner. 4.
Learned Government Advocate (Criminal Side) appearing for the respondent Police endorsed the aforesaid submission of the learned counsel for the petitioner that the facts of the instant case are akin to the facts in the aforesaid two cases.
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 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. 3/5
7.
Accordingly, this Criminal Original Petition stands allowed and the proceedings pending against the accused in S.T.C.No.877 of 2024, on the file of the learned Judicial Magistrate, Avinashi, Tiruppur, is hereby quashed in entirety. Consequently, the connected miscellaneous petitions are closed.
09.02.2026 ham To 1.
The Judicial Magistrate, Avinashi, Tiruppur.
2.
The Inspector of Police, Perumanallur, Tiruppur District.
3.
The Public Prosecutor, High Court of Madras.
4/5
A.D.JAGADISH CHANDIRA , J.
ham and Crl.M.P.Nos.1603 & 1605 of 2026 09.02.2026 5/5