M.Chakrapani v. State Rep By The Inpsector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 06.11.2025

CORAM:

THE HON'BLE MR. JUSTICE A.D.JAGADISH CHANDIRA and Crl.M.P.No.16750 of 2025 M.Chakrapani ... Petitioner Vs.

1.

The State represented by, The Inspector of Police, Villupuram West Police Station, Villupuram District.

S.Nandhamani ... Respondents PRAYER: Criminal Original Petition is filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, to call for the records and quash the proceedings against the petitioner in S.T.C.No.1194 of 2023, pending on the file of the learned Judicial Magistrate No.I. Villupuram. For Petitioner : Mr.E.Balamurugan For R1 : Mr.K.M.D.Muhilan Additional Government Pleader

O R D E R

The present Criminal Original Petition has been filed seeking to quash the proceedings pending against the petitioner in S.T.C.No.1194 of 2023, on the file of the learned Judicial Magistrate No.I. Villupuram. 1/5

The case of the prosecution is that the petitioner and his party colleagues, on 18.09.2022, while addressing a public meeting, made scandalous and defamatory remarks against the Chief Minister. Therefore, based on the complaint received from the second respondent, the first respondent registered a case in Crime No.211 of 2022 on 06.10.2022 for the offences under Sections 294(b), 504, 506(i) and 153 of IPC. After completion of investigation, a charge sheet was filed and the same was taken on the file of the learned Judicial Magistrate No.I. Villupuram, in S.T.C.No.1194 of 2023.

3.

Learned counsel appearing for the petitioner submitted that the complaint given by the second respondent is vague and defective, as it does not contain the ingredients necessary to attract the aforesaid offences. He further submitted that there is nothing on record to show that the petitioner had caused fear or alarm to the public or to any other section of the public whereby any person was induced to commit an offence against the state or against the public tranquility. He also submitted that it was only a political speech made during the commemoration of Arignar Anna's 2/5

birthday and even assuming the averments to be true, they were made against the Chief Minister in his personal capacity as a political leader and that no imputations were made regarding the discharge of his official activities. He further submitted that the co-accused in this case had earlier approached this Court in Crl.O.P.No.1299 of 2024 and this Court, vide order dated 22.11.2024, had quashed the proceedings against him.

4. Learned Additional Public Prosecutor would submit that the petitioner, who belongs to a particular political party during the commemoration of Arignar Anna's birthday on 18.09.2022, had delivered a speech containing derogatory and defamatory imputations against the Chief Minister of Tamil Nadu. He further submitted that based on the complaint lodged by the second respondent herein, the present case came to be registered and the same was taken on the file by the learned Judicial Magistrate No.I. Villupuram, in S.T.C.No.1194 of 2023. 5.

Having heard the learned counsel appearing on either side and perused the materials available on record, and taking into account the fact that the proceedings in respect of the co-accused have been quashed, this Court is of the opinion that continuing the proceedings against the 3/5

petitioner is an abuse of process of law. Therefore, this Court is inclined to quash the proceedings against the petitioner. 6.

Accordingly, the Criminal Original Petition stands allowed. The proceedings pending against the petitioner in S.T.C.No.1194 of 2023, on the file of the learned Judicial Magistrate No.I. Villupuram, is hereby quashed. Consequently, the connected miscellaneous petition is closed. 06.11.2025 ham To 1.

The Judicial Magistrate No.I.

Villupuram.

The Inspector of Police, Villupuram West Police Station, Villupuram District.

3.

The Public Prosecutor, High Court of Madras.

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A.D.JAGADISH CHANDIRA , J.

ham and Crl.M.P.No.16750 of 2025 06.11.2025 5/5