Sellavappa @ Abul Hammed v. The State of Tamilnadu Rep. by

ORDER The present petition has been filed by the accused persons in S.T.C.No.1495 of 2024, on the file of the learned Judicial Magistrate No.1, Ramanathapuram, seeking to quash the charge sheet, wherein the petitioners are charged with the offences under Sections 143, 341 & 290 of IPC.

¶2A perusal of the charge sheet reveals that the petitioners have protested as against the policies of the Central Government and they have blocked the road and caused inconvenience to the general public and the public transport.

¶3According to the learned counsel appearing for the petitioners, it was a protest in a democratic manner and there was no inconvenience to any one of the general public. He also submitted that the charge sheet having been filed after a period of four years is clearly barred by limitation.

¶4Heard the learned counsel appearing for the petitioners and perused the materials available on record.

¶5A perusal of the charge sheet reveals that the FIR has been registered on 08.03.2020 for the alleged offence under Sections 143, 341 & 290 of IPC. For the offence under Section 143 of IPC, the maximum punishment is six months. For the offence under Section 341 of IPC, the maximum punishment is one month. For the offence under Section 290 of IPC, the maximum punishment is fine. In such circumstances, as contemplated under Section 468

(2) (b) of Cr.P.C, the charge sheet has been laid within a period of one year.

¶6In the present case, the charge sheet having been laid on 06.12.2024, is clearly barred by limitation.

¶7In view of the above, continuation of criminal proceedings as against the accused persons would only be an abuse of process of law and therefore, the charge sheet in S.T.C.No.1495 of 2024, on the file of the learned Judicial Magistrate No.1, Ramanathapuram, is hereby quashed. Accordingly, this Criminal Original Petition stands allowed.

29.06.2026 NCC : Yes/No Index : Yes / No Internet : Yes / No ebsi To

¶1The Judicial Magistrate No.1, Ramanathapuram,

2.The Sub Inspector of Police, Keelakarai Police Station, Ramanathapuram District.

¶3The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. R.VIJAYAKUMAR,J. ebsi Crl.O.P(MD)No.12747 of 2026

29.06.2026

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 29.06.2026 CORAM: THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR Crl.O.P(MD)No.12747 of 2026 1. Sellavappa @ Abul Hameed 2. Muthu Maraikkayar @ Segu Basheer Ahamed 3. Badhusha @ Mohamed Bsdhusha 4. Mohamed Subair 5. Ribai Deen @ Mohamed Ribai Deen S/o. Anwar Sha (Wrongly stated his father name in final report as Anvar Sahib) 6. Haja Alavedeen 7. Mohamed Ali ... Petitioners/Accused Nos.1, 2, 4 7, 11, 12 & 15 Vs 1. The State of Tamil Nadu, Represented by The Sub Inspector of Police, Keelakarai Police Station, Ramanathapuram District. (Crime No.32 of 2020) ... 1st Respondent/Complainant 2. Marimuthu Village Administrative Officer, Keelakarai Group, Keelakarai – 623 517, Ramanathapuram District ... 2nd Respondent/Defacto Complainant PRAYER: Criminal Original Petition is filed under Section 528 of BNSS, 2023, to call for the entire records pertaining in final report in S.T.C.No.1495 of 2024 in Crime No.32 of 2020, under Sections 143, 341 & 290 of IPC on the file of the learned Judicial Magistrate No.1, Ramanathapuram and quash the same as illegal as against these petitioners. For Petitioners : Mr.S.A.Syed Shaik Alaudeen For R1 : Mr.P.Samuel Gunasingh Government Advocate (Crl.Side)