Madras High Court
Dharmaraj vs The State Of Tamilnadu on 21 January, 2025
Author: M.Nirmal Kumar
Bench: M.Nirmal Kumar
Crl.O.P.(MD)No.894 of 2025
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 21.01.2025
CORAM
THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR
Crl.O.P.(MD)No.894 of 2025
and Crl.M.P.(MD)No.614 of 2025
Dharmaraj .. Petitioners
Vs
1. The State of Tamilnadu
The Inspector of Police,
Thiruvattar Police Station,
Kaniyakumari District.
Crime No. 16 of 2024.
2. N. Muthuraj ... Respondent
PRAYER: Criminal Original Petition filed under Section 528 of BNSS,
To call for the records pertaining to the impugned FIR in Crime No.
16/2024 on the file of Respondent Police and quash the same.
For Petitioner : M/s. Ashwini.M
For Respondents : Mr. K.Sanjai Gandhi
Government Advocate
(Criminal Side)
1/6
https://www.mhc.tn.gov.in/judis
Crl.O.P.(MD)No.894 of 2025
ORDER
The Criminal Original Petition has been filed to quash the
First Information Report in Crime No.16 of 2024 on the file of the
second respondent Police.
2. The case of the prosecution is that on 16.01.2024 at about
17.00 hours while the 2nd respondent and other police officials were in
their patrol duty, at that time, they saw the accused persons were
unlawfully assembled near Kankarai junction and conducted protest
against the performance of the State Government and the police officials,
thereby, caused obstruction to the public and traffic. Based on the
complaint given by the 2nd respondent, a case in Cr.No.16 of 2024 has
been registered under Sections 143, 290 of IPC.
3. The contention of the petitioners is that the petitioners
have been primarily charged for forming unlawful assembly causing
wrongful restraint and nuisance to the general public. On information,
https://www.mhc.tn.gov.in/judis
complaint had been lodged and there is no incident after the protest to
show that the public were restrained from moving and no untoward
incident happened. The case projected against the petitioners is that they
had conducted protest against the performance of the State Government
and the police officials. He would further submit that they conducted
demonstration in the peaceful manner and they did not indulge in any
violent activities had not violated the traffic regulations. The learned
counsel appearing for the petitioners would further submit that the facts
of the case are exactly similar to the case covered in the decision reported
in 2018 2 LW (Crl) 606 [Jeevanandham and others vs. The Inspector
of Police Velayuthampalayam Police Station, Karur District] dated
20.09.2018 and in the case of Sri Raja vs Inspector of Police, Sivakasi
Town Police Station Virudhunagar District and other in batch of cases
in Crl.O.P(MD) No.7922 of 2019 dated 30.08.2019.
4. The learned Additional Public Prosecutor would submit
that the petitioners and others had held demonstration against the
performance of the State Government and the police officials without
getting any permission from the concerned officials. Hence, the case has
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been registered. He would fairly submit that this Court in similar grounds
quashed the proceedings based on the citations referred by the learned
counsel appearing for the petitioners.
5.Heard the learned counsel appearing for the petitioners and
the learned Additional Public Prosecutor appearing for the respondent.
Perused the materials on record.
6.The facts of this case is similar to the facts covered by the
Judgment of this Court reported in 2018 2 LW (Crl) 606
[Jeevanandham and others vs. The Inspector of Police
Velayuthampalayam Police Station, Karur District] dated 20.09.2018
and in case of Sri Raja vs Inspector of Police, Sivakasi Town Police
Station Virudhunagar District and other in batch of cases in
Crl.O.P(MD) No.7922 of 2019 dated 30.08.2019.
7. In the result the Criminal Original Petition stands allowed
and the proceedings in Cr.No.16 of 2024 on the file of the respondent
police is hereby quashed not only against the petitioners but against all
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the other accused persons, who are also similarly placed. Consequently,
connected miscellaneous petition is closed.
21.01.2025
NCC: Yes/No
Index: Yes/No
Internet : Yes/No
PNM
To
1.The Inspector of Police,
Thiruvattar Police Station,
Kaniyakumari District.
2. The Additional Public Prosecutor
Madurai Bench of Madras High Court
Madurai.
https://www.mhc.tn.gov.in/judis
M.NIRMAL KUMAR, J.
PNM
ORDER IN
and Crl.M.P.(MD)No.614 of 2025
21.01.2025
https://www.mhc.tn.gov.in/judis
