Madras High CourtCRL OP(MD)/6088/2026allowed

Periyasamy v. State Of Tamilnadu Rep By Inspector Of Police, Devakottai Town

2026-03-27Honourable Mr Justice R.Vijayakumar4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.03.2026

CORAM

THE HON'BLE MR.JUSTICE R.VIJAYAKUMAR Crl.OP.(MD)No.6088 of 2026 and Crl.M.P(MD)Nos.6593 & 6594 of 2026 Periyasamy

...Petitioner

1. State of Tamilnadu, Rep by the Inspector of Police, Devakottai Town Police Station, Sivagangai District.

Crime No.81 of 2024.

2. Rex.M, Sub Inspector of Police, Devakottai Town Police Station, Sivagangai District.

...Respondents

PRAYER: Criminal Original Petition is filed under Section 528 of BNSS Act, to call for the records in S.T.C.No.280 of 2024 on the file of the Judicial Magistrate Court, Devakottai and quash the same against the petitioner. For Petitioner : M/s.R.Vinodh For Respondents : Mr.R.Meenakshi Sundaram Additional Public Prosecutor for R1 1/4

ORDER

The present petition has been filed by the sole accused in S.T.C.No.280 of 2025, on the file of the Judicial Magistrate Court, Devakottai, seeking to quash the charge sheet wherein the petitioner is said to have committed offences under Section 294(b) of IPC.

2. A perusal of the charge sheet reveals that the petitioner is said to have used abusive words as against the general public while he was standing in a public place in Gandhi Road, Devakottai.

3. According to the learned Counsel appearing for the petitioner, unless the abusive words/abusing words are specifically mentioned, the offences under Section 294(b) of IPC has not made out.

4. I have considered the submissions made on either side and perused the materials available on record.

5. Considering the above said facts, the alleged abusive words have not been specifically mentioned in the charge sheet, it is clear that the offences under Section 294(b) of IPC has not been made out. 2/4

6. In such view of the matter, the charge sheet in S.T.C.No.280 of 2024, on the file of the learned Judicial Magistrate, Devakottai, stands quashed. 7.Accordingly, this Criminal Original Petition stands allowed. Consequently, connected miscellaneous petitions are also closed. 27.03.2026 NCC : Yes/No Index : Yes/No Internet: Yes/No RJR To

1. The learned Judicial Magistrate, Devakottai.

2. The Inspector of Police, Devakottai Town Police Station, Sivagangai District.

3. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

3/4

R.VIJAYAKUMAR , J.

RJR Crl.OP.(MD)No.6088 of 2026 27.03.2026 4/4