Kasinathadurai v. The State Rep by the Inspector of Police

ORDER The prayer in this criminal original petition is to quash the First Information Report (FIR) in Crime No.344 of 2023 dated 21.09.2023, pending on the file of the first respondent police, for the alleged offences under Sections 143 of IPC and Sections 41(6)(a) & 71(xv) of the Tamil Nadu City Police Act.

¶2Upon considering the materials, it is evident that the petitioner and others, who were part-time workers, protested by raising slogans to demand permanent employment and enhanced safety measures during their service. 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 SCC Online 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, this criminal original petition stands allowed.

¶5The First Information Report (FIR) in Crime No.344 of 2023 dated 21.09.2023, stands quashed in its entirety. Connected miscellaneous petition is closed. 24-07-2026 Sni

D.BHARATHA CHAKRAVARTHY, J. Sni To

1.The Inspector of Police, Aminjikarai Police Station, Chennai City.

2.The Joint Commissioner, Indian Medicine and Homeopathy Department, Arumbakkam, Chennai.

3.The Public Prosecutor, High Court of Madras. 24-07-2026

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 24-07-2026 CORAM THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY and CRL.MP.No.13106 of 2026 Kasinathadurai ..Petitioner Vs 1. State rep. by the Inspector of Police, Aminjikarai Police Station, Chennai City. (Crime No.344 of 2023) 2. The Joint Commissioner, Indian Medicine and Homeopathy Department, Arumbakkam, Chennai. ..Respondents Prayer: Criminal Original Petition filed under Section 528 of BNSS, praying to call for the entire records in connection with the impugned FIR in Crime No.344 of 2023, on the file of the 1st respondent and quash the same, insofar as the petitioner is concerned. For Petitioner: Ms.T.Hemalatha For Respondents: Mr.R.Rajasekaran Counsel for Government of Tamil Nadu (Criminal Side)