BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED : 09.12.2025

CORAM

THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI

Crl.O.P.(MD).No.19016 of 2025

1. S.Shiek Abdhulla,

2. A.Mohamed Iliyash,

3. S.Abdul Kadhar,

4. N.Kaleel Rakuman,

5. B.Sheyyadhu Mohamed,

6. J.Mohamed Sajith, 7. S.Mohamed Ismail,

8. B.Abdullah,

9. A.Sathik Patcha,

10. K.Shekmathar, ... Petitioners/Accused Nos.1,2,13,

24,59,69,71,73,85,94

Vs.

1.State of Tamil Nadu,

Rep. by The Inspector of Police,

Paramakudi Town Police Station,

Ramanathapuram District.

(Crime No.253 of 2025)

.... Respondent / Complainant

2. Srinivasa Rengan, Special Sub Inspector Police Gunasekaran, Paramakudi Town Police Station, Paramakudi, Ramanathapuram District. ... Respondents/

De-facto Complainant Prayer : Criminal Original Petition is filed under Section 528 of BNSS, 2023, to call for the records pertaining to the FIR in Crime No. 253 of 2025 on the file of the 1^st respondent police station and quash the same as it has no prima facie case as against the petitioners.

For Petitioners : Mr.I.Kalantaraasik Ahamadu For R-1 : Mr.B.Thanga Aravindh Government Advocate (Crl. side)

ORDER

Preface:

This Criminal Original Petition has been filed invoking the inherent jurisdiction of this Court under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking to call for the records pertaining to Crime No.253 of 2025 on the file of the first respondent police and to quash the same, insofar as the petitioners are concerned.

2. The petitioners have been arrayed as Accused Nos.1, 2, 13, 24, 59, 69, 71, 73, 85 and 94 in the above crime, which has been registered for the alleged offences under Sections 189(2) and 126(2)

of the Bharatiya Nyaya Sanhita, 2023.

Case of the prosecution:

3. The case of the prosecution, as borne out from the First Information Report, is that on 24.08.2025, the accused persons, along with several others, gathered near a TASMAC shop situated at SPM Theatre Lane and protested against the opening of the said TASMAC shop. It is alleged that the protest was carried out without obtaining prior permission from the competent authorities and that slogans were raised against the Government. According to the prosecution, due to the said protest, there was disruption to the movement of traffic and inconvenience to the general public. Based on a complaint given by the de facto complainant, the first respondent police registered an FIR in Crime No.253 of 2025 for the offences under Sections 189(2) and 126(2) of the Bharatiya Nyaya Sanhita, 2023, against the petitioners and 85 other persons.

Case of the petitioners:

4. The case of the petitioners is that they are residents of the said locality and belong to peace-loving families with no criminal antecedents whatsoever. According to them, they assembled in a peaceful manner to express their dissatisfaction over the opening of a TASMAC shop in their residential area. It is the specific stand of the petitioners that the opening of the TASMAC shop poses a serious threat to public health, affects the welfare of the community, and results in disturbance to the general public, particularly women and children residing in the locality.

5. The petitioners contend that the protest was conducted peacefully, without causing any disturbance to public peace, and was only an exercise of their fundamental rights guaranteed under the Constitution of India to assemble peacefully and express their grievances. It is further stated that some vested interest persons have unnecessarily included the names of the petitioners in the FIR and that there are no specific overt acts attributed to any of the petitioners. The initiation of criminal proceedings, according to the petitioners, is politically motivated and intended only to harass them.

Grounds for quash:

6. The principal grounds urged by the petitioners for quashing the impugned FIR are as follows:

a) The registration of the FIR is arbitrary, illegal, and amounts to an abuse of process of law.

b) The first respondent police registered the FIR