Mohandass v. The State Of Tamil Nadu Through
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 22.01.2026
CORAM:
THE HONOURABLE MR. JUSTICE A.D.JAGADISH CHANDIRA Crl.O.P(MD).No.23483 of 2025 and Crl.M.P.(MD) Nos.20368 & 20369 of 2025 Mohandass ... Petitioner -Vs1.The State of Tamil Nadu through The Inspector of Police, Kamuthi Police Station, Ramanathapuram District.
Cr.No.45 of 2019.
2.Rameshkumar S/o.Seenivasagam, Executive Magistrate, Flying Squad B-Team, 212, Mudukulathur Assembly, Ramanathapuram District.
... Respondents Prayer : Criminal Original Petition filed under Section 528 of B.N.S.S, to call for the records pertaining to charge sheet in STC No.2735 of 2022, on the file of the learned Judicial Magistrate No.I, Ramanathapuram and quash the same as far as this petitioner is concerned.
For Petitioner : Mr.G.Vishnuram For R1 : Mr.K.M.D.Muhilan Additional Public Prosecutor
O RDER The present Criminal Original Petition has been filed seeking to quash the proceedings in S.T.C.No.2735 of 2022, on the file of the learned Judicial Magistrate No.I, Ramanathapuram.
2.
The case of the prosecution is that on 19.03.2019, the petitioner being a candidate contesting on behalf of a political party, along with other party members, allegedly entered the Pasumpon Muthuramalinga Thevar Memorial in motor vehicles without obtaining prior permission from the competent authorities. It is further alleged that such act was in contravention of the Model Code of Conduct then in force. Based on a complaint lodged by the 2nd respondent, the 1st respondent registered a case in Crime No. 45 of 2019 for alleged offences under Sections 143 and 188 of the Indian Penal Code (IPC), read with Section 177 of the Motor Vehicles Act, 1988. After completion of the investigation, the respondent Police filed a charge sheet before the learned Judicial Magistrate No.I, Ramanathapuram. The learned Magistrate took cognizance of the same and issued summons to the petitioner in S.T.C.No. 2735 of 2022, which is now sought to be quashed.
3.
Learned counsel appearing for the petitioner 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 No.7922 of 2019, decided on 30.08.2019), in which the proceedings were quashed. Hence, he prayed to quash the summons issued on the petitioner. 4.
Learned Additional Public Prosecutor appearing for the respondent Police submitted the present FIR was registered against the petitioner for allegedly paying homage at the Pasumpon Muthuramalinga Thevar Memorial in violation of the Model Code of Conduct then in force, without obtaining the prior permission. However, he fairly endorsed the submission of the learned counsel for the petitioner that the facts of the instant case are akin to the facts 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, the Criminal Original Petition stands allowed and the case in S.T.C.No. 2735 of 2022 is hereby quashed as against the petitioner. Consequently, the connected miscellaneous petitions are closed. 22.01.2026 Internet: Yes Index : Yes/No Speaking/Non Speaking order rpl To
1. The Judicial Magistrate No.I, Ramanathapuram.
2. The Inspector of Police, Kamuthi Police Station, Ramanathapuram District.
3. The Public Prosecutor, High Court, Madras.
A.D.JAGADISH CHANDIRA . J, rpl Crl.O.P(MD).No.23483 of 2025 and Crl.M.P.(MD) Nos.20368 & 20369 of 2025 22.01.2026