Chinnaraj @ Chinnaraj v. The State Rep by the Inspector of Police

ORDER The prayer in the Criminal Original Petition is to quash the proceedings in S.T.C.No.17 of 2026 on the file of the learned Judicial Magistrate, Sathyamangalam for alleged offences under Sections 143 & 341 of IPC, 1860, Sections 3A(1)(b) & 4(1) of the Tamil Nadu Open Places (Prevention of Disfigurement) Act, 1959, Section 3(4) of the Tamil Nadu Town Nuisance Act, 1889 and Section 184 of the Motor Vehicles Act, 1988.

¶2Upon considering the materials, it is evident that the petitioner and others assembled together and went in procession in support of the candidate who stood in the Parliamentary Election. It is also evident that there was no violence. Public order remained unaffected. There was no criminal force. When the intention to commit any offence is lacking, it cannot be deemed an unlawful assembly merely because of the lack of permission. The mere lack of permission alone cannot be a ground to register the case under the aforesaid

provisions.

¶3The right to assemble and protest peacefully without affecting public order is held to be a fundamental right under Article 19(1)(a) and (b) of the Constitution of India. A useful reference in this regard is the Constitution Bench Judgments of the Hon'ble Supreme Court of India in Kameshwar Prasad and others -Vs-State of Bihar and another (1960 SCCOnline SC 30) and Himat Lal K. Shah -Vs-State (1973 1 SCC 227). The Hon'ble Supreme Court of India, in Amit Sahni (Shaheen Bagh in re) -Vs-Commissioner of Police & others (2020 10 SCC 439), further observed that such rights must be respected and encouraged by the state.

¶4Thus, finding that the offences alleged are not made out and that it would be oppressive on behalf of the State to continue the prosecution of the petitioner and others, the Criminal Original Petition deserves to be allowed.

¶5The proceedings in S.T.C.No.17 of 2026 on the file of the learned Judicial Magistrate, Sathyamangalam stands quashed in its entirety and this Criminal Original Petition stand allowed. Consequently, connected miscellaneous petition is closed. 20-07-2026 Jd To

¶1The Judicial Magistrate, Sathyamangalam.

¶2The Inspector of Police, Sathyamangalam Police Station, Erode District. Crime No.198 of 2024.

¶3The Public Prosecutor, Madras High Court. D.BHARATHA CHAKRAVARTHY J. jd 20-07-2026

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 20-07-2026 CORAM THE HONOURABLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY and CRL MP No. 12715 of 2026 Chinraj @ Chinnaraj Petitioner(s) Vs 1. State Represented by The Inspector of Police, Sathyamangalam Police Station, Erode District. Crime No.198 of 2024. 2.Mariyappan Respondent(s) PRAYER: Criminal Original Petition filed under Section 528 of BNSS, 2023, to call for the entire records pursuant to the S.T.C.No.17 of 2026 on the file of the Judicial Magistrate Court, Sathyamangalam and quash the same by allowing this Criminal Original Petition. For Petitioner: Mr.B.Manibharathi For Respondent(s): Mr.M.Mohamed Riyaz Government Advocate (Crl. Side) For R1