Malarkodi v. State Represented By The Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 14.11.2025
CORAM:
THE HON'BLE MR. JUSTICE A.D.JAGADISH CHANDIRA and Crl.M.P.No.21367 of 2025 1.
Malarkodi 2.
N.P.Palanisamy 3.
S.S.Kuttiyappan 4.
Eswaran 5.
P.Chinnaraj 6.
A.Vaduganathan 7.
P.Vijayakanna 8.
C.Mounagurusamy 9.
M.Kannayiram 10.
Rajeswari @ Rathika 11.
P.M.Iyappan 12.
T.Shanmugasundaram @ Vinayagasathesh 13.
Vinith 14.
Karthikeyan 15.
R.Gopalakrishnan 16.
R.Sivaprakasam 17.
K.S.Krishnamoorthy
...Petitioners
Vs.
State Represented by, The Inspector of Police, Udumalpet, Tiruppur District.
...Respondent
Criminal Original Petition is filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita/Section 482 Cr.P.C., to call for the records in 1/5
C.C.No.147 of 2025, on the file of the learned Judicial Magistrate No.1, Udumalpet and quash the same as against these petitioners. For Petitioners : Mr.S.Aswinraj For Respondent : Mr.R.Vinothraja, GA (Crl.Side)
O R D E R
The present criminal original petition has been filed seeking to quash the proceedings in C.C.No.147 of 2025, pending on the file of the learned Judicial Magistrate No.1, Udumalpet as against the petitioners.
2. The case of the prosecution is that the petitioners herein belong to a political party and on 22.06.2024, without proper intimation and without obtaining prior permission, they had unlawfully gathered in a public place and protested against the Hooch tragedy that had taken place in Kallakurichi, thereby causing disturbance to the public. Therefore, a case in Crime No.423 of 2024 was registered by the respondent Police and on completion of investigation, the final report came to be filed before the learned Judicial Magistrate No.1, Udumalpet for the offences under Sections 147, 290, 291 & 341 of IPC and the same was taken on file in C.C.No.147 of 2025. 2/5
3. Learned counsel for the petitioners 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 (Crl. Side) appearing for the respondent-Police endorses the aforesaid submission.
5. Heard the learned counsel appearing on either side and perused the materials available on record.
6. In view of the above, 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 is liable to be quashed.
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7. Accordingly, this criminal original petition stands allowed and the proceedings in C.C.No.147 of 2025, pending on the file of the learned Judicial Magistrate No.1, Udumalpet as against the petitioners is hereby quashed. Consequently, the connected miscellaneous petition is closed. 14.11.2025 skt To 1.
The Judicial Magistrate No.1, Udumalpet.
2.
The Inspector of Police, Udumalpet, Tiruppur District.
3.
The Public Prosecutor, High Court of Madras.
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A.D.JAGADISH CHANDIRA, J.
skt and Crl.M.P.No.21367 of 2025 14.11.2025 5/5