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2026 Supreme(Online)(Mad) 13642

IN THE HIGH COURT OF JUDICATURE AT MADRAS
A.D.JAGADISH CHANDIRA, J
SHYED ABHUTHAHIR @ SYED ABUDHAHIR – Appellant
Versus
The State Rep by The Sub Inspector of police – Respondent



IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 18.02.2026 CORAM:

THE HON'BLE MR. JUSTICE A.D.JAGADISH CHANDIRA and Crl.M.P.No.2762 of 2026

1. Shyed Abhuthahir @ Syed Abudhahir

2. Mohamed Iqbal

3. Mhamed Iqbal

4. Rafik @ Mohamed Rafeek

5. Shajahan

6. Abdul Gani

7. Ashkar Ali @ Askar Ali ... Petitioners Vs.

The State represented by, The Sub-Inspector of Police, Perambalur Police Station, Perambalur District.

(Crime No.415 of 2022) ... Respondent PRAYER: Criminal Original Petition is filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita/Section 482 Cr.P.C., to call for the records relating to the case in Crime No.415 of 2022 on the file of the respondent police and quash the same. For Petitioners : Mr.I.Abdul Basith For Respondent : Mr.S.Santhosh Government Advocate (Criminal Side)

O R D E R

The present Criminal Original Petition has been filed seeking to quash the First Information Report in Crime No.415 of 2022 on the file of the respondent police.

2. The case of the prosecution is that on 03.06.2022, the petitioners, along with others, belonging to a political party, allegedly assembled without prior permission and staged a protest against the Enforcement Directorate condemning the freezing of 33 bank accounts of their organisation. On the basis of the said allegation, the respondent police registered a case in Crime No.415 of 2022 for the offences under Sections

143 & 341 IPC, alleging unlawful assembly and wrongful restraint. 3. Learned counsel appearing for the petitioners submitted that the essential ingredients of the alleged offences are not made out and the registration of the case amounts to an abuse of process of law. He further submitted that the facts of the instant case are similar to the facts of the cases in Jeevanandham and others vs. The Inspector of Police, Velayuthampalayam Police Station, Karur District reported in (2018 2 LW (Crl) 606) and Sri Raja vs Inspector of Police, Sivakasi Town Police Station Virudhunagar District and others (Crl.O.P(MD) No.7922 of 2019, decided on 30.08.2019), in which the proceedings were quashed. Hence, he prayed to quash the proceedings pending against the petitioners.

4. Learned Government Advocate (Criminal Side) appearing for the respondent Police endorsed the aforesaid submission of the learned counsel for the petitioners that the facts of the instant case are akin to the facts in the aforesaid two cases.

5. Heard the learned counsel appearing on either side and perused the materials available on record.

6. In view of the above, this Court is of the opinion that the above said decisions would apply on all fours to the present case and that no useful purpose would be served by keeping the First Information Report pending and the same is liable to be quashed. Further, though the petition has been filed by the petitioners alone, no useful purpose would be served by allowing the proceedings to continue against the remaining accused, who are all similarly placed, and it is an abuse of process of law.

7. Accordingly, the Criminal Original Petition stands allowed and the First Information Report in Crime No.415 of 2022, pending on the file of the respondent police, is hereby quashed in entirety. Consequently, the connected miscellaneous petition is closed.

18.02.2026 ham Neutral Citation: Yes/No To

1. The Sub-Inspector of Police, Perambalur Police Station, Perambalur District.

2. The Public Prosecutor, High Court of Madras.

A.D.JAGADISH CHANDIRA , J .

ham and Crl.M.P.No.2762 of 2026

18.02.2026

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