Suresh v. The State Rep by Its,

ORDER This criminal original petition has been filed to call for records in C.C.No.54 of 2026 on the file of the Learned Judicial Magistrate Court at Tiruchengode and to quash the same. Page5 of 9

2.The case of the prosecution is that on 07.03.2025 at about 11.00 a.m., while sub Inspector of Police, was on duty at Elachipalayam Police Statin, he received an intimation from Tiruchengode Government Hospital regarding an assault injury to Sheikh Akbar Basha S/o. Sheikh Abdullah and thereafter, he went to the hospital and obtained statement from the victim that, on 06.03.2024, during night patrol duty along with Sub-Inspector namely Pon Kumar, they received information that a group of people gathered at Kothampalayam Kanangady area. After the said information, they went to the spot at around

11.30 pm, where they found several persons unlawfully assembled, blocking the public road, raising slogans, and causing disturbance to pedestrians and public transport. When the defacto complainant questioned, they stated that they were protesting against the reopening of a previously closed stone quarry (Raja Quarry) in Kokkala village, fearing it would affect their livelihood. Moreover, when the Deputy Superintendent of Police, Tiruchengode advising the protestors to disburse from the spot, they pulled the Depurty Superintendent of Police and Inspector of Police and when the defacto complainant went there to stop, A1 to A4 assaulted him and issued life threat. Based on the complaint given by the defacto complainant, FIR was registered in crime No.44 of 2024 against the accused for offences under Section 147, 283, 341, 290, 353, 332, 506(i) of IPC. After completion of investigation, the 1st respondent filed a charge sheet listing 6 witnesses before the Judicial Magistrate Court, at Tiruchengode, which was taken cognizance in C.C.No.54 of 2026. Page6 of 9

3.The learned counsel appearing for the petitioners submitted that from the facts of the instant case it is clear, no public lodged any complaint of any disturbance. The admitted position is that all the listed witnesses are government officials (except for mahazer witnesses). Showing protest is a fundamental right, further it is alleged, petitioners were standing in the sides of the road and showing their protest in a democratic way, which is permitted. There is no order produced to show whether there was any restriction. The points raised by the petitioners 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 for non compliance of procedures. Hence, he prayed to quash the proceedings pending against the petitioners.

¶4The learned Additional Public Prosecutor appearing for the respondent Police confirmed, there is no compliant from any public and no materials available to show, on the day of protest there was any proclamation imposing restrictions of assembly. Page7 of 9

¶5Heard the learned counsel appearing on either side and perused the materials available on record. It is seen, no public lodged any complaint of any disturbance, further there is nothing to show whether any prohibitory order was in force, and proclamation issued following the procedures. Showing protest is a democratic right, guaranteed under Constitution.

¶6In view of the above, this Court is of the opinion that the above facts and decisions would apply in all fours to the present case and that no useful purpose will be served by keeping the proceedings pending and is liable to be quashed.

¶7Accordingly, the Criminal Original Petition stands allowed and the proceedings in C.C.No.54 of 2026 pending on the file of Judicial Magistrate Court, at Tiruchengode, is hereby quashed in entirety. Consequently, connected miscellaneous petitions are closed. 11-06-2026 Index: Yes/No Speaking/Non-speaking order sms Page8 of 9 To

1.Judicial Magistrate Court, Tiruchengode.

¶2The Inspector of Police, Elachipalayam Police Station, Cr.No.44 of 2024.

3.The Public Prosecutor High Court, Madras. CRLoOPoNo.o9347oofo2026 M.NIRMALoKUMAR,oJ. sms CRLoOPoNo.o9347oofo2026 11-06-2026 Page9oofo9

Page1 of 9 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 11-06-2026 CORAM THE HON'BLE MR JUSTICE M. NIRMAL KUMAR and Crl.MP.Nos.6604 & 6606 of 2026 1. Suresh S/o.Sundarrajan No.13/45 Sathya Nagar, Konnaiyur Post Elachipalayam Namakkal District - 637 202. 2. Shanmugam @ Mukilan S/o.Rangasamigonder No.89 Chennimalai, Ingur Road, Tiruppur District 638 051 3. Ganesh S/o.Muthugounder 4/103 Konakkadu, Kokkalai Namakkal District - 637 410 4. Jeyaraman S/o.Komaravel No.6/22 Earikkadu Ko, Elayampalayam, Kokkalai Tiruchengodu Namakkal District - 637 410. 5. Suresh S/o.Ganapathy 6/94A Mettukkadu Kottapalayam, Periyamanali Tirunchengodu, Namakkal District - 637 410 6. Natesan @ Ponrasu s/o.Sabapathy No.1/103 thanneerpandal Kunjampalayam Periyamanali Namakkal District - 637 410 Page2 of 9 7. Vignesh S/o.Mohan No.1/15 Elayampalayam Kokkalai Namakkal District - 637 410 8. Balaji S/o.Sellamuthu No.4/127 Konakkandu Kurukkapuram, Kokkalai Namakkal 637 410 9. Palanivel S/o.Kandasamy NO.5/6 Ellaiyampalaiyam Kokkalai Namakkal District - 637 410 10.Sathya D/o.Ravichanthiran No.5/28B Kudi Street Nera Water Tank Elayampalayam Kokkalai Namakkal District - 637 410 11.Chinnammal W/o.Muthu No.4/103 Konakkadu Kokkalai, Namakkal District - 637 410 12.Dhanabakkiyam W/o.Ramachandran No.4/118 Konakadu Kurukkapuram, Kokkalai Namakkal District - 637 410 13.Vijayalakshmi W/o.Murugesan No.5/2 Elayampalayam Kokkalai, Namakkal District - 637 410 14.Saraswathi W/o.Palanivel No.5/6 Ellaiyampallaiyam Kokkalai, Namakkal District 637 410 Page3 of 9 15.Sathya W/o.Devarajan No.5/12 Kalikadu Elayampalayam Kokkalai, Namakkal District - 637 410 16.Dhavamani W/o.Kulathavel No.4/114 Konakdu Kurukkapuram, Kokkalai Namakkal District - 637 410 17.Kanthasami S/o.Ramasamy No.4/120 Konakadu Kurukkapuram, Kokkalai Namakkal District - 637 410 18.Ramesh S/o.Palanivel No.5/6 Ellaiyampallaiyam Kokkalai, Namakkal District - 637 410 19.Murugesan S/o.Kandhasami No.5/2 Elayampalam Kokkalai, Namakkal District - 637 410 20.Subramaniam S/o.Kandasami No.4/115 Konakadu Kokkalai, Namakkal District - 637 410 21.Ramasamy S/o.Azhgapa No.5/1 ellaiyampallaiyam Kokkalai, Namakkal District 637 410 ..Petitioner(s) Page4 of 9 Vs 1. The State Rep By Its, The Inspector of Police, Elachipalayam Police Station, Cr.No.44 of 2024. 2. Akbar Bhadusa S/o.Sek Abdullah 1/250 Kumaravelpalayam Periyamanali, Tiruchengode Namakkal District. ..Respondent(s) PRAYER: This criminal original petition filed under Section 528 BNSS to call for records in C.C.No.54 of 2026 on the file of the Learned Judicial Magistrate Court at Tiruchengode and to quash the same. For Petitioner(s): Mr.R.Thirumoorthy For Respondent(s): Mr.A. AMARNATH Govt. Advocate (CRL. SIDE) FOR R1 COURT NOTICE SERVED FOR R2 R-2 AKBAR BHADUSA - NO APPEARANCE