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Madras High CourtCRL OP/86/2026allowed

Pazhanisamy v. The Inspector Of Police

2026-01-09Honourable Mr Justice A.D.Jagadish Chandira5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 09.01.2026

CORAM:

THE HON'BLE MR. JUSTICE A.D.JAGADISH CHANDIRA Crl.O.P.No.86 of 2026 and Crl.M.P.Nos.82 & 84 of 2026 1.

Pazhanisamy Ramesh S/o.Murugsean Balamurugan 4.

Ramesh S/o.Perumal 5.

Davamani 6.

Elavarasan 7.

Vertiselvan 8.

Vijay 9.

Kumaraguru 10.

Arul 11.

Balasubramaniyan 12.

Ayyamperumal 13.

Pandiyarajan 14.

Bakkiyaraj ... Petitioners Vs.

1.

The Inspector of Police, Jayankondam Police Station, Ariyalur District.

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Velmurugan ... Respondents PRAYER: Criminal Original Petition is filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita/Section 482 Cr.P.C., to call for the records pertaining to the Charge Sheet pending on the file of the Judicial Magistrate No.I, Jayankondam in S.T.C.No.37 of 2024 filed by the first respondent herein and quash the same.

For Petitioners : Mr.S.Iyyappan For R1 : Mr.S.Santhosh Government Advocate (Criminal Side)

O R D E R

The present Criminal Original Petition has been filed seeking to quash the proceedings in S.T.C.No.37 of 2024, pending on the file of the learned Judicial Magistrate No.I, Jayankondam. The brief facts of the case are that on 18.09.2023, the petitioners allegedly formed an unlawfully assembly and conducted a protest without obtaining any permission, condemning the arrest of one Guna, who protested against the removal of an idol. It is alleged that the said protest resulted in traffic congestion and disturbance to the public. Consequently, the respondent police registered a case in Crime No.449 of 2023 for the offences under Sections 143 & 341 IPC. After 2/5

completion of investigation, the case was taken up for trial in S.T.C.No.37 of 2024 before the learned Judicial Magistrate No.I, Jayankondam. Learned counsel appearing for the petitioners submitted that the petitioners had conducted a protest in a democratic manner without any violence, however, an FIR was registered against them. He further submitted that the facts of the instant case are similar to the facts of the cases in Jeevanandham and others vs. The Inspector of Police, Velayuthampalayam Police Station, Karur District reported in (2018 2 LW (Crl) 606) and Sri Raja vs Inspector of Police, Sivakasi Town Police Station Virudhunagar District and others (Crl.O.P(MD) No.7922 of 2019, decided on 30.08.2019), in which the proceedings were quashed. Hence, he prayed to quash the proceedings pending against the petitioners. 4.

Learned Government Advocate (Criminal Side) appearing for the first respondent police submitted that the present case was registered on account of the protest conducted by the petitioners/accused without obtaining permission. He further submitted that the case now stands posted on 11.02.2026 for commencement of trial. He also endorsed the 3/5

submission made by the learned counsel for the petitioners that the facts of the present case are akin to those in the aforesaid two cases. 5.

Having heard the learned counsel appearing on either side and upon perusal of the entire materials available on record, this Court is of the opinion that the above said decisions would apply on all fours to the present case and that no useful purpose will be served by keeping the proceedings pending and the same is liable to be quashed. 6.

Accordingly, this Criminal Original Petition stands allowed and the proceedings pending against the petitioners in S.T.C.No.37 of 2024, pending on the file of the learned Judicial Magistrate No.I, Jayankondam. is hereby quashed in entirety. Consequently, the connected miscellaneous petitions are also closed.

09.01.2026 ham To 1.

The Judicial Magistrate No.I, Jayankondam.

The Inspector of Police, Jayankondam Police Station, Ariyalur District.

The Public Prosecutor, High Court of Madras.

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A.D.JAGADISH CHANDIRA , J.

ham Crl.O.P.No.86 of 2026 and Crl.M.P.Nos.82 & 84 of 2026 09.01.2026 5/5