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Madras High CourtCRL OP/30870/2025allowed

Uchimakali v. The State Of Tamilnadu Rep. By

2025-11-12Honourable Mr Justice A.D.Jagadish Chandira6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12.11.2025

CORAM:

THE HON'BLE MR. JUSTICE A.D.JAGADISH CHANDIRA and Crl.M.P.Nos.21173 & 21175 of 2025 1.

Uchimakali Ilayaraja ... Petitioners Vs.

1.

The State of Tamil Nadu, The Inspector of Police, Triplicane Police Station, (Crime No.192 of 2018) Gopu ... Respondent PRAYER: Criminal Original Petition is filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita/Section 482 Cr.P.C., to call for the records in C.C.No.4731 of 2021, on the file of the Chief Metropolitan Magistrate, Egmore, Chennai and to quash the same. For Petitioners : Mr.R.Thirumoorthy For R1 : Mr.K.M.D.Muhilan Additional Public Prosecutor 1/6

O R D E R

The present Criminal Original Petition has been filed seeking to quash the proceedings pending against the petitioners in C.C.No.4731 of 2021, on the file of the learned Chief Metropolitan Magistrate, Egmore, The brief facts of the case are that on 27.03.2018, the petitioners, along with 300 others, had unlawfully assembled without obtaining prior permission and conducted a protest against the Government seeking revocation of the order decreasing the scholarship amount for students belonging to the SC/ST communities. Therefore, a case in Crime No.192 of 2018 was registered against the petitioners and others for the offences under Sections 341, 324, 332, 353, 506(ii) of IPC r/w 34 of IPC and Section 3 of the TNPPDL Act. After completion of investigation, the final report was filed and the case has been taken on file by the learned Chief Metropolitan Magistrate, Egmore, Chennai, in C.C.No.4731 of 2021, which is now sought to be quashed.

3.

Learned counsel appearing for the petitioners submitted that the petitioners are the office bearers of a socially spirited organization, viz., the Student Federation of India and that on the alleged date of occurrence, 2/6

their organization had decided to conduct a campaign against the Government to revoke G.O. passed reducing the scholarship for SC/ST students, however, a false complaint has been registered. He further submitted that even as per the complaint, an unknown person wearing a black shirt was said to have assaulted the de facto complainant and threatened him. However, no identification parade was conducted by the respondent Police to fix the person in a crowd of 300 individuals. He also submitted that even considering the entire averments at their face value, the ingredients of the offences alleged are not made out against the petitioners. Hence, he prayed to quash the proceedings against the petitioners. 4.

Learned Additional Public Prosecutor submitted that during the agitation conducted by the petitioners and others on 27.03.2018, one of their members assaulted and threatened the de facto complainant and that the accused have also caused damage to a Government vehicle. 5.

Heard both sides and perused the materials available on record.

6.

A perusal of the records shows that the case pertains to the year 2018, registered for causing damage to a Government vehicle and for 3/6

the alleged assault made by an unknown person on the de facto complainant during the protest. However, no identification parade had been conducted to fix the person said to have assaulted and the averments in the complaint are also general in nature. In such circumstances, this Court does not find any materials to justify the continuation of the proceedings against the petitioners. Therefore, this Court is of the view that the continuation of the proceedings against the petitioners as well as the remaining accused who have not approached this Court, would be an exercise in futility and an abuse of process of law, thereby wasting the time of the Court. Hence, this Court is inclined to quash the proceedings against the petitioners and other accused 6.

Accordingly, this Criminal Original Petition stands allowed. The proceedings pending against the accused in C.C.No.4731 of 2021, on the file of the Chief Metropolitan Magistrate, Egmore, Chennai, is hereby quashed in entirety. Consequently, the connected miscellaneous petitions are closed.

12.11.2025 ham 4/6

To 1.

The Chief Metropolitan Magistrate, Egmore, Chennai.

The Inspector of Police, Triplicane Police Station, 3.

The Public Prosecutor, High Court of Madras.

5/6

A.D.JAGADISH CHANDIRA , J.

ham and Crl.M.P.Nos.21173 & 21175 of 2025 12.11.2025 6/6