Mahalingam @ Abt Mahalingam v. State Represented By, The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 23.04.2025

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.12111 of 2025 and Crl.M.P.Nos.8040 and 8043 of 2025 1.Mahalingam @ ABT Mahalingam 2.Shanmugam @ Shangmusundaram 3.Easan 4.Muthukrishnan @ Muthuviswanathan 5.Gopalakrishnan 6.Sathish Kumar 7.Parameshwaran @ Paramasivam 8.Sivasamy ... Petitioners Vs.

State represented by, The Inspector of Police, Avinashipalayam Police Station, Tiruppur District.

(Crime No.6 of 2023) ..Respondent PRAYER: Criminal Original Petition is filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, to call for the records relating to C.C.No.96 of 2023 on the file of the Judicial Magistrate, Palladam, Tiruppur District and quash the same by allowing this criminal original petition.

For Petitioners : Mr.M.Guruprasad For Respondent : Mr.A.Gopinath, Government Advocate (crl.side)

O R D E R

This Criminal Original Petition has been filed to quash the proceeding in C.C.No.96 of 2023 on the file of the Judicial Magistrate, Palladam, Tiruppur District.

2.

The case of the prosecution is that 05.01.2023, acting on a tip-off, the defacto complainant, along with his team, proceeded to the area near the Pongalur Bus Stop on the Kovai-Trichy Road. There, the petitioners had unlawfully assembled and were staging a protest against the Government, demanding the release of water for the PAP irrigation scheme. The protest was conducted without obtaining prior permission from the police and allegedly caused public disturbance. Despite repeated warnings to disperse, the petitioners continued their agitation,

until around 11.30 a.m. Based on this, the respondent police registered a case in Crime No.6 of 2023, against the petitioners for the offences punishable under Sections 143, 147 and 341 of IPC. Subsequently, the respondent police filed a final report before the Judicial Magistrate, Palladam, Tiruppur District and the same has been taken cognizance in C.C.No.96 of 2023.

3.

The learned counsel appearing for the petitioners would submit that the petitioners are innocent persons and they have not committed any offence as alleged by the prosecution. Without any base, the respondent police filed a charge sheet in C.C.No.96 of 2023 on the file of the Judicial Magistrate, Palladam, Tiruppur District for the offences under Sections 143, 147 and 341 of IPC, as against the petitioners. Hence, he prayed to quash the same. 4.

The learned Government Advocate (Crl.side) would submit that the investigation is completed and the respondent police filed the final report before the Judicial Magistrate, Palladam, Tiruppur District in

C.C.No.96 of 2023.

5.

Heard the learned counsel for the petitioners and the learned Government Advocate (Crl.side) for the respondent and perused materials placed on record.

6.

It is to be noted that while exercising the power under Section 482/ Section 528, the Court should be slow, at the same time, if the Court finds that from the entire materials collected by the prosecution taken as a whole, would not constitute any offence, in such situation, directing the parties to undergo ordeal of trial will be a futile exercise and it will infringe the right of the persons and in this regard, the Apex Court in State of Haryana and others Vs. Bhajan Lal and Others reported in 1992 Supp (1) Supreme Court Cases 335, has been held as follows :

"........

(a) where the allegations made in the First Information Report or the complaint, even if they are taken at their face value and accepted in their entirety do not

prima facie constitute any offence or make out a case against the accused;

(b) where the allegations in the First Information Report and other materials, if any, accompanying the F.I.R. do not disclose a cognizable offence, justifying an investigation by police officers under Section 156(1) of the Code except under an order of a Magistrate within the purview of Section 155(2) of the Code;

(c) where the uncontroverted allegations made in the FIR or complaint and the evidence collected in support of the same do not disclose the commission of any offence and make out a case against the accused;

(d) where the allegations in the FIR do not constitute a cognizable offence but constitute only a non-cognizable offence, no investigation is permitted by a police officer without an order of a Magistrate as contemplated under Section 155(2) of the Code;

(e) where the allegations made in the FIR or complaint are so absurd and inherently improbable on the basis of which no prudent person can ever reach a just conclusion that there is sufficient ground for proceeding against the accused;

(f) where there is an express legal bar engrafted in any of the provisions of the Code or the concerned Act

(under which a criminal proceeding is instituted) to the institution and continuance of the proceedings and/or where there is a specific provision in the Code or the concerned Act, providing efficacious redress for the grievance of the aggrieved party;

(g) where a criminal proceeding is manifestly attended with mala fide and/or where the proceeding is maliciously instituted with an ulterior motive for wreaking vengeance on the accused and with a view to spite him due to private and personal grudge."

7.

It is also relevant to note the definition of Unlawful Assembly:

"Unlawful Assembly:

An assembly of five or more persons is designated an "unlawful assembly", if the common object of the persons composing that assembly is :

(i) to overawe by criminal force, or show of criminal force, the Central or any State Government or Parliament or the Legislature of any State, or any public servant in the exercise of the lawful power of such public servant; or (ii) to resist the execution of any law, or of any legal process; or

(iii) to commit any mischief or criminal trespass, or other offence; or (iv) by means of criminal force, or show of criminal force, to any person to take or obtain possession of any property, or to deprive any person of the enjoyment of a right of way, or of the use of water or other incorporeal right of which he is in possession or enjoyment, or to enforce any right or supposed right; or (v) by means of criminal force, or show of criminal force, to compel any person to do what he is not legally bound to do, or to omit to do what he is legally entitled to do."

8.

Only when the assembly fit into any of the above circumstances, it could be construed as unlawful. The accused had not shown any criminal force to commit any mischief, crime or any offence or by way of criminal force or tried to take possession of the property or right to use of incorporeal right which is in possession of enjoyment of others or rights.

9.

Accordingly, this Criminal Original Petition stands allowed

and the charge sheet filed by the respondent before the learned Judicial Magistrate, Palladam, Tiruppur District in C.C.No.96 of 2023 for the offences under Sections 143, 147 and 341 of IPC is hereby quashed. Consequently, connected miscellaneous petitions are closed 23.04.2025 : Yes/No Speaking/non-speaking order shk

To

1. Judicial Magistrate, Palladam, Tiruppur District 2.The Inspector of Police, Avinashipalayam Police Station, Tiruppur District.

3. The Public Prosecutor, High Court, Madras.

G.K.ILANTHIRAIYAN, J.

shk Crl.O.P.No.12111 of 2025 and Crl.M.P.Nos.8040 and 8043 of 2025 23.04.2025