P.Mariappan v. State of Tamilnadu Rep by Inspector of Police, Sipcot

ORDER The present petition has been filed by A1 to A5 and A7 to 13 in C.C.No. 851 of 2023, on the file of the Judicial Magistrate No.III, Thoothukudi, seeking to quash the charge sheet wherein the petitioners are charged with the offences under Sections 147, 188, 341, 294(b), 353 and 506(ii) of IPC.

¶2A perusal of the charge sheet reveals that the petitioners belong to the student organisation, namely, the Student Federation of India(SFI) and they are said to have unlawfully assembled before the Tuticorin District Collectorate and raised slogans for closure of Sterlite Company. It is further alleged that they had obstructed the general public who were entering into the District Collectorate and they had also prevented the Government officials from performing their duty. It is further alleged that they had made an attempt to remove the barriers and abused the police officials.

¶3According to the learned Counsel appearing for the petitioners, it was a democratic form of protest in front of the District Collectorate and there is no allegation of any damage to the public property and in such circumstances, the agitation cannot be criminalised.

¶4The learned Counsel appearing for the petitioners further pointed out that the 6th accused in the same case, has filed a Crl.O.P.(MD)No.22906 of 2023, for quashing the charge sheet and the same was allowed by this Court on

20.12.2023. According to him, the other accused persons were also on the same footing.

¶5I have considered the submissions made on either side and perused the materials available on record.

¶6As could be seen for the charge sheet, all the accused persons, who belong to a student organisation are said to have protested in front of the District Collectorate and raised slogans for closure of the Sterlite Company. In such circumstances, the same cannot be considered to be a criminal offence. As far the another accused person, namely, A6, who stands on the same footing, this Court was pleased to quash the charge sheet in Crl.OP(MD)No.22906 of 2023.

¶7In such circumstances, continuation of the criminal proceedings as against the accused persons would only be an abuse of process of law and therefore, the charge sheet in C.C.No.851 of 2023, on the file of the learned Judicial Magistrate No.III, Thoothukudi, stands quashed. Accordingly, this Criminal Original Petition stands allowed.

06.08.2026 NCC : Yes/No Index : Yes/No Internet: Yes/No RJR To

¶1The learned Judicial Magistrate No.III, Thoothukudi.

¶2The Inspector of Police, SIPCOT Police Station, Thoothukudi District.

¶3The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. R.VIJAYAKUMAR

, J.

RJR

Crl.O.P.(MD)No.16596 of 2026

06.08.2026

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 06.08.2026 CORAM THE HON'BLE MR.JUSTICE R.VIJAYAKUMAR Crl.O.P.(MD)No.16596 of 2026 1. Mariappan 2. Uchimakali 3. Kannan 4. Amarnath 5. Suresh 6. Sudhakar @ Veerasuthagar 7. Katheer @ Kathirvel 8. Brindha @ Piruntha 9. Ramesh 10. Karthick.R 11. Promoth @ Promoth Kumar 12. Masanam @ Masanamuthu ...Petitioners/ 1st to 5th and 7th to 13th accused Vs 1. State of Tamil Nadu, Rep by the Inspector of Police, SIPCOT Police Station, Thoothukudi District. (In Crime No.143 of 2018) ...1st Respondent/Complainant 2. Prem Sudhahar, The Village Administration Officer, Milavittan Village Part I, Thoothukudi District. ...2nd Respondent/Defacto Complainant PRAYER: Criminal Original Petition is filed under Section 528 of BNSS Act, to call for the records in C.C.No.851 of 2023, on the file the Judicial Magistrate Court No.III, Thoothukudi, and quash the same. For Petitioners : M/s.L.Shaji Chellan For Respondents : M/s.P.Samuel Gunasingh Government Advocate(Crl.Side) for R1