Muthukumar v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12-02-2026

CORAM

THE HON'BLE MR JUSTICE A.D.JAGADISH CHANDIRA and Crl.M.P.Nos.2154 & 2155 of 2026

1. Muthukumar

2. Harish @ Shek Abdul Kadhar

3. Sardhar

4. June Batsha @ Jugunu Basha

5. Samsutheen

6. Mubarak Ali

7. Raja @ Abdul Rahim

8. Suresh

9. Mani @ Mohamed Rafiq 10.Ramarajan 11.Vasan 12.Naseer 13.Prasath 14.Sakthivadivel 15.SureshKumar 16.Prakash ..Petitioner(s) Vs The State Rep by The Sub - Inspector of Police, Pollachi Town Police Station, Pollachi - 642 001.

(Crime No.1290 of 2020) ..Respondent(s)

Criminal Original Petition is filed under Section 528 of B.N.S.S., to call for the records in C.C.No.214/2022 pending before the Judicial Magistrate No.I, Pollachi and quash the same.

For Petitioner(s):

Mr.I.Abdul Basith For Respondent(s):

Mr.S.Santhosh Government Advocate (Crl.Side)

ORDER

This Criminal Original Petition has been filed seeking to quash the proceedings in C.C.No.214 of 2022 pending on the file of the Judicial Magistrate Court No.I, Pollachi.

2.

The case of the prosecution is that on 16.08.2022, the petitioners, without obtaining any prior permission, unlawfully assembled and protested, thereby causing disturbance to the public. Consequently, a case in Crime No.1290 of 2020 was registered by the respondent Police for the offences under Sections 143, 271, 291 and 353 of IPC and Section 4A(1b) of the Tamil Nadu Open Places (Prevention of Disfigurement) Act. After completion of investigation, the final report was filed before the learned Judicial Magistrate No.I, Pollachi and the learned Magistrate took cognizance of the same and numbered it as C.C.No.214 of 2022, which is now sought to be quashed.

3.

Learned counsel appearing 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 (Criminal Side) appearing for the respondent Police endorsed the aforesaid submission of the learned counsel for the petitioners that the facts of the instant case are akin to the facts in the aforesaid two cases.

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 impugned proceedings pending and the same is liable to be quashed.

7.

Accordingly, the Criminal Original Petition stands allowed and the proceedings pending against the petitioners in C.C.No.214 of 2022, on the file of the Judicial Magistrate Court No.I, Pollachi, is hereby quashed as against the petitioners. Consequently, the connected miscellaneous petitions are closed. 12-02-2026 Index: Yes/No Speaking/Non-speaking order VKR To 1.The Judicial Magistrate No.I, Pollachi.

2.The Sub - Inspector of Police, Pollachi Town Police Station, Pollachi - 642 001.

3.The Public Prosecutor, High Court of Madras.

A.D.JAGADISH CHANDIRA, J.

VKR 12-02-2026