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Madras High CourtCRL OP/22640/2025allowed

P.Praveen v. The State Represented By, The Inspector Of Police,

2025-08-19Honourable Mr Justice N. Sathish Kumar6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 19.08.2025

CORAM:

THE HON'BLE MR.JUSTICE N. SATHISH KUMAR and Crl.M.P.No.15485 of 2025 1.

P.Praveen 2.

Magesh 3.

Deivasigamani 4.

Ravi 5.

Segar 6.

Ramesh 7.

Subramanian 8.

Mohan 9.

Jayamoorthy

10. Surendran

11. Murugavel

12. Ramanathan S/o.Ullaganathan

13. Tamizhchelvan

14. Selvarasu

15. Anandhan

16. Chandran

17. T.Mark

18. Thilagan

19. Velmourougane

20. Sivaraman

21. Ramanathan S/o.Kalivaradan

22. K.S.Sreejith

23. A,Dilishith Azeezyk Kabear

24. M.Uday Chandran

25. R.C.Athul Chandran

26. S.Guru @ Kumaraguru

27. K.Dinesh 1/6

28. R.Rajakumar

29. T.Bharathi

30. K.Balaji ... Petitioners Vs.

1.

The State represented by, The Inspector of Police, Kalapet Police Station, Puducherry.

2.

Samyuktha ... Respondents PRAYER : Criminal Original Petition is filed under Section 528 of BNSS, to call for the records culminating C.C.No.107 of 2017, pending on the file of the learned Judicial Magistrate No.II, Puducherry and quash the same. For Petitioners : Mr.S.Bharaidharan For R1 : Mr.k.S.Mohandass Public Prosecutor (Puducherry)

O R D E R

The Criminal Original Petition has been filed seeking to quash the proceedings in C.C.No.107 of 2017, pending on the file of the learned Judicial Magistrate No.II, Puducherry.

2. Heard the learned counsel appearing for the petitioner and the learned Public Prosecutor (Puducherry) appearing for first respondent.

3. Based on the complaint lodged by one Dr.Samyuktha, Librarian at 2/6

Pondicherry University, a case in Crime No.52 of 2015 came to be registered for the offence under Sections 143 r/w 149 IPC and Section 3(1) of the PDPP Act. As per the final report, the allegation against the accused is that on 18.08.2015, during the ongoing protest against the appointment of Vice Chancellor to the Pondicherry University, more than 60 people rushed into the library, raised slogans against the Vice Chancellor and caused wrongful loss and damage to the Government properties.

4. On perusal of the entire materials, particularly the statements of the witnesses, except that the mob entered the premises and naming one or two workers in the University, only the general allegations have been made against the students and non-teaching staff. No materials has been placed to show that an identification parade was conducted. The incident occurred only during the alleged protest conducted against the appointment of the Vice Chancellor and the final report does not disclose the specific identity of the offenders. The occurrence took place in the year 2015 and still no progress has been made in this case. Many of the accused still remain absconding and summons have not been served. Even if the entire materials collected are taken as proof, the same would not constitute the offence. Hence, continuation of such proceedings would be a burden not merely on 3/6

the prosecution agency but also on the Court.

5. It is also relevant to note that a learned Single Judge of this Court, in a connected matter in Crl.O.P.No.19868 of 2023, related to the same issue, has already quashed a final report in respect of one of the accused.

6. Considering the above facts and circumstances of the case and the nature of allegations, this Court is inclined to quash the proceedings in C.C.No.107 of 2017.

7. Accordingly, the Criminal Original Petition is allowed. The proceedings in C.C.No.107 of 2017, pending on the file of the learned Judicial Magistrate No.II, Puducherry, is hereby quashed. Consequently, the connected miscellaneous petition is closed.

19.08.2025 ham 4/6

To

1. The Judicial Magistrate No.II, Puducherry.

2. The Inspector of Police, Kalapet Police Station, Puducherry.

3. The Public Prosecutor (Puducherry), High Court of Madras.

5/6

N. SATHISH KUMAR , J.

ham and Crl.M.P.No.15485 of 2025 19.08.2025 1/3 6/6