S.Jothimani v. The State Rep by the Inspector of Police

ORDER The prayer in this criminal original petition is to quash the final report in C.C.No.2314 of 2025, pending on the file of the Judicial Magistrate Court No.7, Coimbatore, for the alleged offences under Sections 143 & 353 of the Indian Penal Code (IPC).

¶2The prayer sought in this petition is innocuous in nature, and as such, this petition is being disposed of at the admission stage itself, without ordering notice to the second respondent/de facto complainant.

¶3Upon considering the materials, it is evident that during the course of the election, the petitioner along with others had shown dissent for the particular actions of the election officials by expressing their democratic right to protest. 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. Page3 of 4

¶4The 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.

¶5Thus, 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 petitioners and others, this criminal original petition stands allowed.

¶6The final report in C.C.No.2314 of 2025, pending on the file of the Judicial Magistrate Court No.7, Coimbatore, stand quashed in its entirety. Connected miscellaneous petitions are closed. 22-07-2026 Sni Page4 of 4 D.BHARATHA CHAKRAVARTHY,J. Sni To

1.The Judicial Magistrate No.7, Coimbatore.

2.The Inspector of Police Saibaba Colony Police Station, Coimbatore City.

3.The Public Prosecutor, High Court of Madras. 22-07-2026

Page1 of 4 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 22-07-2026 CORAM THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY and CRL.MP.Nos.12913 & 12915 of 2026 S.Jothimani ..Petitioner Vs 1. The State Rep. by The Inspector of Police, Saibaba Colony Police Station, Coimbatore City. (Crime No.75 of 2022) 2. K.Karuppathal ..Respondents Prayer: Criminal Original Petition filed under Section 528 of BNSS, praying to call for the records relating to the criminal case in C.C.No.2314 of 2025 on the file of the Judicial Magistrate Court No.7, Coimbatore and quash the same. For Petitioner: Mr.N.Manoharan For Respondents: Mr.M.Mohamed Riyaz, (for R1) Government Advocate (Crl. Side) Page2 of 4