Rajkumar v. The State Rep by the Inspector of Police

ORDER The prayer in this criminal original petition is to quash the proceedings in S.T.C.No.921 of 2026, pending on the file of the Judicial Magistrate Court-I, Ulundurpet.

¶2The gist of the allegations against the petitioners and others is that, being members of the Bar, they assembled without any permission and staged a protest demanding that the toll road between Trichy and Chennai be made free of cost for advocates. Consequent to the protest, a case was registered and a final report was filed under Sections 189(2), 223 and 126(2) of the BNS.

¶3The learned counsel for the petitioners submitted that regarding the offence under Section 223 of the BNS, the registration of the FIR and the final report are legally unsustainable in view of the law laid down by this Court in Jeevanandham and others Vs. State rep. by the Inspector of Police and another reported in 2018 (2) LW Crl.606. He further submitted that, even otherwise, the petitioners had only staged a peaceful democratic protest. Page3 of 6

¶4Heard the submissions made on either side and perused the materials available on record.

¶5As rightly contended by the learned counsel for the petitioners, a charge under Section 223 of the BNS, cannot be taken into consideration by this Court except by following the specific procedure prescribed under the BNSS. As far as the remaining two charges are concerned, the records reveal that there was no violence or disturbance to public order. No intention can be gathered from the materials placed along with the final report to suggest that the petitioners intended to commit any criminal offence.

¶6The entire episode is nothing but an expression of their right to democratic protest, though for a bizarre reason. Merely because the petitioners are members of the Bar, they cannot be placed on a separate pedestal. When a toll is legally collected from the public, it must be paid by the members of the Bar as well. Page4 of 6

¶7Be that as it may, since the actions of the petitioners and others do not attract the ingredients of any criminal offence, this criminal original petition stands allowed. The final report and all further proceedings in S.T.C.No.921 of 2026 on the file of the Judicial Magistrate Court-I, Ulundurpet, are hereby quashed in their entirety against the petitioners as well as the other accused. Connected miscellaneous petitions are closed. 16-07-2026 Sni Page5 of 6 To

1.The Judicial Magistrate No.I, Ulundurpet,

2.The Inspector of Police, Ulundurpet Police Station, Kallakurichi District.

3.The Public Prosecutor, High Court of Madras. Page6 of 6

D.BHARATHA CHAKRAVARTHY, J. Sni 16-07-2026

Page1 of 6 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 16-07-2026 CORAM: THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY and CRL.MP.Nos.12613 & 12614 of 2026 1. Rajkumar 2. Sreethar@Sridharan ..Petitioner(s) Vs. 1. The State rep. by The Inspector of Police, Ulundurpet Police Station, Kallakurichi District. (Crime No.738 of 2024) 2. Kakithaveerababu ..Respondent(s) Prayer: Criminal Original Petition filed under Section 528 of BNSS, praying to call for records in S.T.C.No.921 of 2026 on the file of the Judicial Magistrate Court-I, Ulundurpet and quash the same. For Petitioner(s): Mr.M.Kalaiyarasan For Respondent(s): Mr.M.Mohamed Riyaz, (for R1) Government Advocate (Crl.Side) Page2 of 6