Thol.Thirumavalavan v. The State Rep By Sub Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 20.06.2025

CORAM

THE HON'BLE MR. JUSTICE P.VELMURUGAN Crl.O.P.No.17671 of 2025 and Crl.M.P.No.11390 of 2025 Thol.Thirumavalavan ... Petitioner Vs State Rep. By

1. The Sub Inspector of Police, Venganur Police Station, Ariyalur 621 851.

2.The Village Administrative Officer, Elanthaikudam, Ariyalur Taluk, Ariyalur District.

... Respondents PRAYER: Criminal Original Petition filed under Section 528 of BNSS 2023, to call for the entire records in connection with the Final Report in S.T.C.No.1064 of 2021 on the file of the Judicial Magistrate No-I Court, Ariyalur and to quash the same.

For Petitioner : Ms.S.Deepika For Respondents : Mr.S.Vinoth Kumar Government Advocate (Crl. Side)

O R D E R

This Criminal Original Petition has been filed to call for the entire records in connection with the Final Report in S.T.C.No.1064 of 2021 on the file of the Judicial Magistrate No-I Court, Ariyalur and to quash the same.

2. Heard the learned counsel appearing for the petitioner and the learned Government Advocate appearing for the respondents and perused the materials available on record.

3. Learned counsel for the petitioner submitted that the petitioner is a Member of Parliament and he participated in the meeting which was organised by other party members. The allegation against the petitioner is that he has spoken four minutes exceeding the allocated time limit in the meeting held on 15.4.2019.

4. Learned Government Advocate (Crl.Side) appearing for the respondent/Police submitted that, based on the complaint lodged by the Village Administrative Officer, F.I.R has been registered as against the petitioner also.

5. On a perusal of the records, it is seen that no serious offence is made out against the petitioner During Election times, it is a fundamental right of the political parties to canvas for their members. However, it is a right of the petitioner with reasonable restriction. Even in the complaint itself, the respondent-Police mentioned that the petitioner had spoken four minutes after 10.00 pm on 15.4.2019.

6. Considering the facts and circumstances of the case, this Court is inclined to quash the Final Report in S.T.C.No.1064 of 2021 on the file of the Judicial Magistrate No-I Court, Ariyalur. Accordingly, the Final Report made in S.T.C.No.1064 of 2021 as against the petitioner, on the file of the Judicial Magistrate No-I Court, Ariyalur is quashed. In view of the same, this Criminal Original Petition is Allowed. Consequently, connected miscellaneous petition is closed. 20.06.2025 mfa Index:Yes/No Speaking Order: Yes/No

To

1. The Judicial Magistrate No-I Court, Ariyalur

2. The Sub Inspector of Police, Venganur Police Station, Ariyalur 621 851.

3.The Village Administrative Officer, Elanthaikudam, Ariyalur Taluk, Ariyalur District.

4. The Public Prosecutor, High Court, Chennai.

P.VELMURUGAN, J mfa Crl.O.P.No.17671 of 2025 and Crl.M.P.No.11390 of 2025 20.06.2025