Umar v. The State Rep. By The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 24-02-2026

CORAM

THE HON'BLE MR JUSTICE A.D.JAGADISH CHANDIRA and Crl.M.P.No.3231 of 2026

1. Umar

2. Sarputhin

3. Mohamad Riswan

4. Abdul Hakkim

5. Siddque

6. Abuthagir

7. Bhavani Mohamad

8. Nijamudheen

9. Mujibur Rahman 10.Sarbuthin 11.Nijamudeen 12.Hakkim GS 13.Bakrudeen 14.Sathik Ali 15.Haiyathu Batcha 16.Rahamadulla ..Petitioner(s) Vs The State Rep. by the Inspector of Police, Karumathampatty Police Station, Coimbatore District.

..Respondent(s) Criminal Original Petition is filed under Section 528 of B.N.S.S., to call for the records relating to the charge sheet in S.C.No.362/2025 pending on the file of the Special Court for Bomb Blast cases, Coimbatore and quash the same. For Petitioner(s):

Mr.D.Murthy For Respondent(s):

Mr.S.Santhosh, Government Advocate (Crl.Side)

ORDER

This Criminal Original Petition has been filed seeking to quash the proceedings in S.C.No.362 of 2025 pending on the file of the Special Court for Bomb Blast cases, Coimbatore.

2.

The learned counsel for the petitioners submitted that the petitioners, except participating in a protest, have not committed any act of violence. Except for a vague allegation, there is absolutely no material available on record to substantiate the charges. Though the alleged occurrence is said to have taken place in a public place, no independent witnesses have been cited and only official witnesses have been examined in this case. He further submitted that in order to overcome the requirement of obtaining prior permission for prosecuting the offences under Sections 188 and 341 of IPC, the respondent has mechanically invoked Section 5 of the TNPPDL Act. De hors the offence under Section 5 of the TNPPDL Act, the facts of the present case are similar to those 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), wherein the proceedings were quashed. Hence, he prayed to quash the proceedings against the petitioners.

3.

The learned Government Advocate (Crl.Side) appearing for the respondent police submitted that the petitioners formed themselves into an unlawful assembly and staged a protest and that they attempted to cause damage to the oncoming vehicles. He further submitted that there are specific allegations against the petitioners and that merely because the witnesses are official witnesses, the proceedings cannot be quashed. 4.

On perusal of the materials available on record, this Court finds that the case rests solely on the statements of the police officials alleging that the petitioners attempted to create law and order problem and caused damage to public property. There is no material to substantiate the allegation of rioting or mischief. Though the occurrence is alleged to have taken place in a public gaze, no independent witnesses have been cited.

5.

This Court is of the considered view that in order to circumvent the ratio laid down in Jeevanandham and others vs. The Inspector of Police, Velayuthampalayam Police Station, Karur District reported in (2018 2 LW (Crl) 606), the offence under Section 5 of the TNPPDL Act has been added in a mechanical manner. The allegations are vague and no useful purpose will be served by keeping the impugned proceedings pending and hence, the same is liable to be quashed.

6.

Accordingly, the Criminal Original Petition stands allowed and the proceedings in S.C.No.362 of 2025 pending on the file of the Special Court of Bomb Blast cases, Coimbatore, is hereby quashed as against the petitioners. Consequently, the connected miscellaneous petition is closed. 24-02-2026 Index: Yes/No Speaking/Non-speaking order VKR To 1.The Special Judge for Bomb Blast cases, Coimbatore.

2.The Inspector of Police, karumathampatty police station, Coimbatore District.

3.The Public Prosecutor, High Court of Madras.

A.D.JAGADISH CHANDIRA, J.

VKR 24-02-2026