Imsath Ahamed v. The State Rep By The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 29.10.2025

CORAM:

THE HON'BLE MR. JUSTICE A.D.JAGADISH CHANDIRA Imsath Ahamed ..Petitioner Vs State Rep. By The Inspector of Police Mayiladuthurai Police Station Mayiladuthurai District ..Respondent.

Prayer: Criminal Original Petition filed under Section 528 of BNSS 2023 / u/s.482 of Cr.P.C., praying to call for the records and quash the further proceedings in Crime No.500 of 2022 pending on the file of Inspector of Police, Mayiladuthurai Police Station, Mayiladuthurai. For Petitioner : Mr.P.Muthuamizhselvakumar For Respondent : Mr.R.Vinothraja, Govt.Advocate (Criminal Side) 1/6

O R D E R

This Criminal Original Petition has been filed to call for the records and quash the further proceedings in Crime No.500 of 2022 pending on the file of Inspector of Police, Mayiladuthurai Police Station, Mayiladuthurai.

2. The case of the prosecution is that as per the complaint given by one Mr.Arivazhagan, Sub Inspector of Police, the petitioner along with 38 other persons, assembled in front of the Railway Gate at Mayiladuthurai Railway Junction without any valid permission. They raised slogans against the Central Government Recruitment Scheme called "Agnipath" in which protest, the general public suffered much and traffic jam was caused. Based on the said complaint, the respondent registered a case in Crime No.500 of 2022 for the offences under Sections 143 and 341 of IPC.

3. Learned counsel appearing for the petitioner would submit that the petitioner and others assembled in a democratic manner and they raised their voice against Agnipath Recruitment Scheme. During their assembly, no untoward incident or violence occurred and the facts of the case are similar to the case Jeevanandham and others vs. The Inspector of Police 2/6

Velayuthampalayam Police Station, Karur District [2018 2 LW (Crl) 606] and Sri Raja vs Inspector of Police, Sivakasi Town Police Station Virudhunagar District and others in (Crl.O.P(MD) No.7922 of 2019 decided on 30.08.2019). He would further submit that in the above decisions, it is held that the respondent cannot register a case u/s.143 of IPC.

4. Per contra, the learned Government Advocate (Criminal Side) would submit that the petitioner and others had illegally gathered and raised slogans against Agnipath Central Government Recruitment Initiative. He would further submit that when the respondent had asked them to disperse, they have dispersed from the place. He would also fairly submit that there was no violence or untoward incident and nobody was injured in the said incident.

5. Heard the learned counsel and perused the materials available on record.

6. In the judgment in Jeevanandham, supra, it has been held that 3/6

the police has no right to file a case under Section 143 of IPC. In such circumstances, the respondent has no right to register the case and to investigate the matter.

7. In view of the above, this Court is of the opinion that no useful purpose will be served by keeping the proceedings pending in respect of the other accused also.

8. Accordingly, the Criminal Original Petition stands allowed and the proceedings in Crime No.500 of 2022, pending on file of the Respondent Police, is hereby quashed in respect of all the accused. 29.10.2025 nvsri 4/6

To 1.The Inspector of Police Mayiladuthurai Police Station Mayiladuthurai District

2. The Public Prosecutor, High Court of Madras.

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A.D.JAGADISH CHANDIRA , J.

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