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Madras High CourtCRL OP(MD)/8639/2026allowed

P.Balasubramanian v. State Of Tamilnadu Rep By The Sub Inspector Of Police, Devakottai Town

2026-06-01Honourable Mr Justice R.Vijayakumar6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 01.06.2026

CORAM:

THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR Crl.O.P(MD)No.8639 of 2026 and Crl.M.P(MD) Nos.9209 and 9210 of 2026

1. P.Balasubramanian

2. Jeyakumar

3. T.Karthikeyan

4. Dineshraja

5. V.Chella Pandiyan

6. K.Murugesan

7. T.Suresh

8. R.Rajasekar

9. Arumugam

10. B.Manikandan

11. K.Vijayakumar ... Petitioners/ Accused Nos.1 to 4, 6, 9, 10, 12, 13 & 18 Vs 1/6

The State of Tamil Nadu, Represented by The Sub Inspector of Police, Devakottai Town Police Station, Sivagangai District.

(Crime No.144 of 2024) ... Respondent/ Complainant PRAYER: Criminal Original Petition is filed under Section 528 of BNSS, 2023, praying this Court to call for the records pertaining to S.T.C.No.62 of 2025 on the file of the Judicial Magistrate, Devakottai and quash the same. For Petitioners : Mr.P.Subbiah For Respondent : Mr.P.Samuel Gunasingh Counsel for State of TN (Crl.Side)

ORDER

The present Criminal Original Petition has been filed by Accused Nos.1 to 4, 6, 9, 10, 12, 13 & 18 in S.T.C.No.62 of 2025, on the file of the Judicial Magistrate, Devakottai, seeking to quash the charge sheet, wherein, they are charged with the offences under Sections 189(2), 292 and 126(2) of BNS Act, 2023.

2. A perusal of the charge sheet reveals that 18 persons belonging to the political party had staged a protest as against the State Government without obtaining prior permission at about 09.30 a.m on 21.07.2024. 2/6

3. According to the learned counsel appearing for the petitioners, the petitioners have only staged a protest only as against the policies of the State Government and there is no intention to cause any disturbance to the general public or damage to the public property.

4. Heard the learned counsel appearing for the petitioners and perused the materials available on record.

5. It could be seen from the allegations in the charge sheet that the petitioners have assembled and they have protested as against the policies of the State Government in interfering with the temple administration and there is no allegation whatsoever of any disturbance to the general public or damage to the public property. The incident is said to have taken place on 21.07.2024 at about 09.30 a.m. When the accused persons have demonstrated in a democratic manner as against the policies of the State Government, it cannot be considered to be an offence.

6. In such view of the matter, continuation of criminal proceedings as against the petitioners herein would only be an abuse of process of law. The 3/6

other accused persons, who are not the petitioners herein also stand on the same footing. In such circumstances, charge sheet in S.T.C.No.62 of 2025 on the file of the Judicial Magistrate, Devakottai, stands quashed not only as against the petitioners but also as against the other accused persons, who are arrayed as accused in S.T.C.No.62 of 2025.

7. Accordingly, this Criminal Original Petition is allowed. Consequently, connected Miscellaneous Petitions are closed. 01.06.2026 NCC : Yes/No Index : Yes / No Internet : Yes / No ebsi 4/6

To

1. The Sub Inspector of Police, Devakottai Town Police Station, Sivagangai District.

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

3. The Judicial Magistrate, Devakottai.

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R.VIJAYAKUMAR,J.

ebsi Crl.O.P(MD)No.8639 of 2026 01.06.2026 6/6