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IN THE HIGH COURT OF JUDICATURE AT MADRAS
M.NIRMAL KUMAR
Vijayan @ Viji S/o Athimulam – Appellant
Versus
State Rep. by the Inspector of Police, Vandavasi North Police Station – Respondent
ORDER :
1. This Criminal Original Petition has been filed to quash the proceedings in S.T.C. No. 537 of 2023 on the file of the Judicial Magistrate Court, Vandavasi.
2. The case of the prosecution is that the petitioners and others trespassed into the defacto complainant's land and objected the defacto complainant from giving his land to the SIPCOT. Therefore, the petitioners and others participated in the Salem express way protest. Hence, the case.
3. The learned counsel appearing for the petitioners would submit that the petitioners are innocent person and they have not committed any offence as alleged by the prosecution. Without any base, the first respondent police registered a case in Crime No.207 of 2023 for the offences under Sections 143, 341, 283, 290 and 109 of IPC as against the petitioners and the same has been taken cognizance in S.T.C.No.537 of 2023. Hence, he prayed to quash the same.
4. The learned Government Advocate (Crl.side) would submit that there are specific allegations as against the petitioners to proceed with the trial.
5. Heard the learned counsel for the petitioners and the learned Government Advocate (Crl.side) for the first respondent and perused materials
The court can quash criminal proceedings when allegations in the FIR do not prima facie constitute an offence.
The court emphasized that if allegations in an FIR do not constitute a prima facie case, the FIR can be quashed to prevent unnecessary trials.
Mere gathering of more than 5 persons will not amount to any offence unless their actions fit into the provisions found in Section 141 to constitute such assembly as unlawful assembly.
The court quashed proceedings due to lack of sufficient evidence to constitute a criminal offence against the petitioners, emphasizing lawful protest rights.
Proceedings can be quashed if the allegations do not constitute a cognizable offence; unlawful assembly must show criminal intent and conduct.
The presence of family members in a conflict does not constitute an unlawful assembly if the common object is not illegal.
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