BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 03.12.2025 CORAM THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI Crl.O.P.(MD).No.22104 of 2025 and Crl.M.P.(MD).Nos.19026 and 19027 of 2025 Kathiresan ... Petitioner / Accused No.9 Vs.

1.The State of Tamil Nadu, Rep . by The Inspector of Police, Velayuthampalayam Police Station, Karur District.

Crime No.368/2022

2.Nepolian ... Respondents Prayer : Criminal Original Petition is filed under Section 528 of BNSS, 2023, to call for the records relating to the Impugned in Charge Sheet S.T.C.No.1379 of 2023 on the file of the learned Judicial Magistrate No.II, Karur, and quash the same as illegal as the petitioners is concerned.

For Petitioner : Mr.S.Gokulraj For R-1 : Mr.S.Ravi Additional Public Prosecutor

ORDER

Preface:

This Criminal Original Petition has been filed under Section

482 of the Code of Criminal Procedure invoking the inherent powers of this Court, seeking to quash the impugned charge sheet in S.T.C. No.1379 of 2023 on the file of the Judicial Magistrate No.II, Karur, arising out of Crime No.368 of 2022, registered for the alleged offences under Sections 143, 283 and 285 of the Indian Penal Code.

2. The petitioner contends that the continuation of the criminal proceedings is nothing but an abuse of the process of law and that the materials relied upon by the prosecution, even if taken at face value, do not disclose the commission of any offence as against the petitioner.

Case of the prosecution:

3. The case of the prosecution is that on 15.11.2020, the second respondent, along with his subordinates, while on patrolling duty near Malaiveethi Roundana Kodumudi Road, received information that the petitioner, along with eight others, had assembled and demonstrated against the increase in milk rates. 4. It is further alleged that the said group obstructed the patrolling party, burst crackers, and created disturbance to the public at large. Based on the said allegation, a First Information Report came to be registered in Crime No.368 of 2022 for the offences under Sections 143, 283 and 285 IPC.

5. Upon completion of investigation, the first respondent police laid the final report, which was taken on file as S.T.C. No.1379 of

2023 by the learned Judicial Magistrate No.II, Karur.

Grounds for quash:

6. The petitioner challenges the impugned proceedings primarily on the ground that the allegations are false, frivolous and vexatious and that he has been roped in without any specific overt act.

7. It is the specific case of the petitioner that he had not actively participated in the alleged demonstration and that the protest, if any, was peaceful in nature.

8. It is further contended that though the prosecution alleges bursting of crackers, the observation mahazar does not disclose the presence of any combustible material at the scene, which is an essential ingredient for attracting Section 285 IPC.

9. According to the petitioner, there is absolutely no material to show that he caused any danger, obstruction or inconvenience to the public so as to attract Section 283 IPC.

Submissions:

10. The learned counsel appearing for the petitioner reiterated that the impugned charge sheet does not disclose the essential ingredients of the offences alleged and that permitting the prosecution to continue would result in grave miscarriage of justice.

11. The learned counsel further submitted that the learned Magistrate failed to apply judicial mind while taking cognizance of the final report and that the prosecution has been launched mechanically.

12. Per contra, the learned Government Advocate (Criminal Side) appearing for the respondents submitted that the allegations in the charge sheet disclose commission of cognizable offences and that the truth or otherwise of the allegations can be decided only during trial.

13. It was contended by the prosecution that the petitioner was part of an unlawful assembly and therefore the proceedings ought not to be quashed at the threshold.

14. Heard the learned counsels on eithe