Madras High CourtCRL OP/16363/2026allowed

Chandirasekaran v. State Rep.By

2026-06-29Honourable Mr.Justice D.Bharatha Chakravarthy4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 29-06-2026

CORAM

THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY and Crl.M.P.Nos.10789 and 10790 of 2026

1. Chandirasekaran

2. Veeraputhiran

3. Vijayalakshmi

4. Dhayabaran

5. Kannayan ..Petitioners Vs

1. State rep.by The Inspector of Police, Kallakurichi Police Station, Kallakurichi district.

2. R.Vijayaraghavan Kallakurichi Police Station, Sub Inspector of Police, Kallakurichi.

..Respondent PRAYER: Criminal Original Petition filed under Section 528 of BNSS to call for the records relating to the STC No.1144 of 2025 on the file of learned Judicial Magistrate No.1, Kallakurichi, Kallakurichi District and quash the same by allowing this criminal original petition.

For Petitioner(s):

Mr.S.Sivakumar For Respondent(s):

Mr.M.Mohamed Riyaz Government Advocate (Crl.Side) For R1

ORDER

This Criminal Original Petition has been filed to call for the records relating to STC No.1144 of 2025 on the file of learned Judicial Magistrate No.1, Kallakurichi, Kallakurichi district and quash the same. 2.

Upon hearing of both the counsel, it is clear that the first informant and the Investigation Officer are one and the same. The allegations are in the nature of exercise of democratic right to protest and would not amount to the offences as mentioned in the final report.

3. Further, there is also a bar for taking cognizance of the offence under Section 188 of the Indian Penal Code. The petition deserves to be allowed. 4.

In view of the above, impugned proceedings in S.T.C.No.1144 of 2025 on the file of the Judicial Magistrate No.1, Kallakurichi is quashed and this Criminal Original Petition is allowed. Consequently, other Criminal Miscellaneous Petitions, stands closed.

29-06-2026 VCA

To,

1. The Inspector of Police, Kallakurichi Police Station, Kallakurichi district.

2. The Sub Inspector of Police, Kallakurichi Police Station, Kallakurichi.

3. The Judicial Magistrate No.1, Kallakurichi

4. The Public Prosecutor, High Court, Chennai.

D.BHARATHA CHAKRAVARTHY, J.

VCA 29-06-2026 To,