State Government v. Haribabu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 22.09.2025

CORAM:

THE HONOURABLE MR. JUSTICE D.BHARATHA CHAKRAVARTHY Suo Motu TR.No.9265 of 2025 (C.C.No. 1900274 of 2017 of Judicial Magistrate IV, Salem Taluk, Salem) The State rep. by The Inspector of Police, Veeranam Police Station, Salem.

... Petitioner Vs.

1. Haribabu 2.Thangavel 3.Sivamani 4.Thangamani 5.Sadaiyan 6.Mahendiran 7.Kumaravel 8.Thangavel 9.Venkatachalam 10.Anbarasu

11. Mahalingam

12. Prabakaran

13. Dhanasekaran 14.Prakash

15. Ashok Kumar 16.Ponnaiyan

17. Lakshmi

18. Kavitha

19. Govindhammal 20.Vijaya ... Respondents For Petitioner : Mr.S.Sugendran Additional Public Prosecutor Page No.1 of 4

ORDER

This Suo Motu Case is dealt with in an extraordinary manner by the Dedicated Bench, pursuant to Suo Motu.W.P.(Crl.) No.618 of 2025.

2. The allegations in this case are that on 05.04.2013 at about 09.30 hours, accused A1 to A20, without obtaining permission, assembled in front of Veeranam Police Station, raised slogans that the police were not acting in their favour, forcibly pulled and locked the main entrance gate and threatened witnesses 1 and 3 with death, thereby obstructing public servants from performing their duty.

3. A case was registered in Crime No.168 of 2013 on 05.04.2013 for the alleged offences under Sections 147, 149, 153, 189, 342, 353 and 506(i) of Indian Penal Code, 1860. The final report was filed on 05.07.2013 thereafter, and the accused have been facing trial since then. Thus, it is seen that the allegations concern the exercise of the democratic right to protest.

4. In view of the context and nature of the allegations, continuing the trial would impinge upon the accused's right to a speedy trial, and no useful Page No.2 of 4

purpose would be served by keeping the case pending.

5. Accordingly, the case in C.C.No. 1900274 of 2017 on the file of Judicial Magistrate IV, Salem Taluk, Salem shall stand quashed and this Suo Motu Transfer Case stand disposed of.

22.09.2025 nsl electronically alone. The Trial Court shall take note of the order and accordingly classify the case pending before them as allowed / dismissed / disposed of, etc, and while doing so, consider any applications such as disposal of properties, etc., and pass appropriate orders, as may be necessary. Further, the Court below is directed to dispatch the copy of this order to all concerned.

Page No.3 of 4

D.BHARATHA CHAKRAVARTHY, J.

nsl Suo Motu TR.No.9265 of 2025 22.09.2025 Page No.4 of 4