Marimuthu v. The State of Tamilnadu

ORDER The present petition has been filed by A8, A13, A21, A29 and A32 in C.C.No.40 of 2024, on the file of the District Munsif-cum-Judicial Magistrate, Peraiyur, seeking to quash the charge sheet, wherein the petitioners are charged with the offences under Sections 147, 294(b), 341 and 353 of IPC.

¶2A perusal of the charge sheet reveals that the petitioners along with other accused persons totally 35 members are said to have blocked the road demanding proper road to be laid to the burial ground of the Adi Dravidar people. It is alleged that the dead body was kept in the road and it caused hindrance to the general public as well as the public transport.

¶3Other accused have been charged with the offence under Section 506(1) of IPC also.

¶4According to the learned counsel appearing for the petitioners, for so many years no proper road facility has been provided for the Adi Dravidar people to reach the burial ground and therefore there was a protest. In such circumstances, the same cannot be considered as a criminal offence.

¶5Heard the learned counsel appearing for the petitioners and perused the materials available on record.

¶6As far as the charges as against the present petitioners are concerned, they have lodged a protest in the road demanding proper road facilities to the burial ground of the Adi Dravidar people and in such circumstances the same cannot be considered as a criminal offence and the other accused persons have been charged with the offence under section 506(1) of IPC.

¶7In such circumstances, the continuation of criminal proceedings as against the petitioners would only be an abuse of process of law and therefore the same is liable to be quashed.

¶8Accordingly, the charge sheet in C.C.No.40 of 2024 on the file of the District Munsif-cum-Judicial Magistrate, Peraiyur is hereby quashed as against the petitioners alone.

¶9With the above said observations, this Criminal Original Petition is allowed.

28.07.2026 NCC : Yes/No Index : Yes / No Internet : Yes / No ebsi To

¶1The District Munsif cum Judicial Magistrate, Peraiyur.

¶2The Sub Inspector of Police, Peraiyur Police Station, Madurai District.

3.The Additional Public Prosecutor Madurai Bench of Madras High Court Madurai. R.VIJAYAKUMAR,J. ebsi Crl.O.P(MD)No.3418 of 2025

28.07.2026

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.07.2026 CORAM: THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR Crl.O.P(MD)No.3418 of 2025 1. Marimuthu 2. Palanikumar 3. Senrayaperumal 4. Pandiarajan 5. Ponnusamy ...Petitioner/Accused No.8,13,21 29 and 32 Vs 1. The State Represented by The Sub Inspector of Police, Peraiyur Police Station, Madurai District. (Crime No.226 of 2022) ... 1st Respondent/Complainant 2. Balaji ... 2nd Respondent/ Defacto Complainant PRAYER : Criminal Original Petition is filed under Section 528 of BNSS, 2023, to call for the entire records in C.C.No.40 of 2024 pending on the file of the District Munsif cum Judicial Magistrate, Peraiyur and quash the same against the petitioners. For Petitioners : M/s.M.P.Roniga For R1 : Mr.G.Ganesh Kumar Government Advocate (Crl.Side)