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IN THE HIGH COURT OF JUDICATURE AT MADRAS
R.VIJAYAKUMAR, J
R.Lakshmanapandian – Appellant
Versus
The State of TamilNadu, Rep. by the Sub-Inspector of Police, Kovilpatti East Police Station, Thoothukudi District. – Respondent
| Table of Content |
|---|
| 1. analyzing evidence for unlawful assembly charges. (Para 1 , 2) |
| 2. right to protest as essential in a democracy. (Para 3) |
| 3. quashing charges to prevent abuse of process. (Para 4) |
ORDER
The present Criminal Original Petition has been filed seeking to quash the charge sheet in S.T.C. No.2166 of 2025, on the file of the Judicial Magistrate No.I, Kovilpatti, wherein the petitioners have been charged under Sections
189(2) and 126(2) of BNS.
2. A perusal of the charge sheet reveals that the petitioners along with others, had assembled and shown black flags against the opening of the new market. They have been charged with the offences of unlawful assembly and blocking the road. The first accused in the present case had filed a quash petition before this Court in Crl.O.P.(MD) No.22770 of 2025, seeking to quash the charge sheet in S.T.C. No.2166 of 2025. This Court, by order dated 11.12.2025, quashed the charge sheet as against the first accused. The relevant portion of the said order is extracted hereunder:
''16. For attracting Section 189(2) of BNS, the prosecution must prima facie establish the existence of an unlawful assembly with a common object involving criminal force
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