BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 04.12.2025 CORAM:

THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI Crl. O.P(MD) No. 21480 of 2025 and Crl.MP(MD)Nos.18486 & 18488 of 2025 Murugaiah ... Petitioner/Accused No.3 Vs

1.State of Tamil Nadu rep by its, The Inspector of Police, Puliyarai Police Station, Tenkasi District. ... Respondent/Complainant

2.Sanjay Gandhi, Sub Inspector of Police, Puliyarai Police Station, Tankasi District. … Respondent/Defacto Complainant PRAYER: Criminal Original Petition filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, to call for the entire records pertaining to the case in S.T.C.No.1462 of 2025 on the file of the learned Judicial Magistrate, Sengottai, Tenkasi District, and quash the same as against the petitioner.

For petitioner :Mr.R.Yeswanth For R1 : Mr.M.Sakthi Kumar Government Advocate (Crl.Side)

O R D E R

This criminal original petition has been filed to quash the proceedings in S.T.C.No.1462 of 2025 on the file of the learned Judicial Magistrate, Sengottai, Tenkasi District.

2. The brief facts leading to the filing of this petition are as follows:

2.1. On 13.02.2023 at about 10.00 p.m., along the Kollam to Thirumangalam Road near R.T.O Checkpost, a group of approximately 68 persons, including the Petitioners, staged a road blockade. While doing so, they raised slogans protesting the alleged illegal transportation of mines and minerals to Kerala state without permission from the Tamil Nadu Government. Their demand was that such activities should cease immediately. The protest resulted in causing a public nuisance and obstruction to free movement of traffic, thereby causing hardship to the public, which led to a complaint by the 2^nd Respondent.

2.2. The first respondent police registered a case in Crime No.15 of

2023 for the alleged offences under Sections 190 & 292 of the Bharatiya Nyaya Sanhita, 2023, corresponding to Sections 143 and 290 of the Indian Penal Code. A total of 68 persons have been named as accused in the said crime number. The petitioner herein is arrayed as Accused No.33 in the said FIR.

2.3. After completion of the investigation, a final report was filed before the learned Judicial Magistrate, Sengottai, Tenkasi District, and the same was taken cognizance of in S.T.C. No.1462 of 2025. Challenging the same, this petition has been filed.

3. The learned counsel for the petitioner contends that no specific overt act has been attributed to him either in the FIR, the statements of witnesses, or in the final report. It is submitted that except for him name being included among several others, there is no allegation identifying any unlawful act committed by him so as to attract the offences alleged.

4. The learned counsel for the petitioner submitted that for attracting the offence under Section 143 IPC, the prosecution must show prima facie that it is an unlawful assemble as defined under Section 141 IPC. Section 141 IPC defines 'unlawful assembly' in the following words:-

“ 141.Unlawful assembly – An assembly of five or more persons is designated and 'unlawful assembly', if the common object of the persons composing that assembly is -

First – To overawe by criminal force, or show of criminal force, (the Central or any State Government or Parliament or the Legislature of any State), or any public servant in the exercise of the lawful power of such public servant; or Second – To resist the execution of any law, or of any legal process; or Third – To commit any mischief or criminal trespass, or other offence; or Foruth – By means of criminal force, or show of criminal force, to any person, to take or obtain possession of any property, or to deprive any person of the enjoyment of a right of way, or of the use of water or other incorporeal right of which he is in possession or enjoyment, or to enforce any right or supposed right; or Fifth – By means of criminal force, or show of criminal force, to compel any person to do what he is not legally bound to do, or to