IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 20-02-2026 CORAM THE HON'BLE MR JUSTICE A.D.JAGADISH CHANDIRA and Crl.M.P.Nos.2619 and 2620 of 2026 Hari @ Harikaran ..Petitioner(s)

Vs

1. The State Rep. by The Sub Inspector of Police Nettapakkam Police Station, Puducherry District. Crime No. 92/2013.

2. J.M.Patrick SI of Police, Nettapakkam PS, Puducherry.

..Respondent(s)

Prayer: This criminal original petition has been filed under Section 528 of BNSS calling for the records in connection with C.C.No. 20 of 2017 on the file of the learned Judicial Magistrate No.I, Puducherry and quash the same.

For Petitioner(s): Mr.S.Saravana Kumar For Respondent(s): Mr.M.V.Ramachandra Murthy, Public Prosecutor (Puducherry)

Assisted by Mr.A.Alexander, Government Advocate for R1

ORDER

This criminal original petition has been filed seeking quashment of the order dated passed in C.C.No.20 of 2017 by the learned Judicial Magistrate No.I, Puducherry.

2. Based on the complaint given by the second respondent, a case in Cr.No.92 of 2013 was registered by the first respondent for the offences punishable under Sections 147, 148, 153(A), 336, 427, 353 and 506(ii) r/w.149 of IPC, 1860, against the petitioner and 52 others. Upon completion of the investigation, the respondent file a final report, and the case was taken cognizance of and is presently pending trial in C.C.No.20 of 2017. The charge sheet reads as follows:

That on 24.09.2013 in between 09.30 hrs & 11.00 hrs, at the junction of Pandasozhanallur, Nettapakkam, Puducherry 2 kmtrs towards South East from PS, the accused persons notes in this charge sheet at Col.No.11, were belonging to 1.PMK Originaintha Vanniyar Kudiruppu Nala Sangam and 2. VCK Party in prosecution of common object formed themselves into an unlawful assembly armed with deadly weapons, promoting enmity between two groups of political parties doing acts prejudicial to maintenance of harmony, damaged the digital banner of VCK / PMK and pelted stones against each other and deterred the police officer and men to discharge their official duty by using violence. They also threatened them with dire consequences due to political enmity. And thereby all the accused persons A1 to A53 rendered themselves liable to be punished u/s.147, 148, 153(A), 336, 427, 353 and 506(ii) r/w.149 of IPC.

3. The submissions of the learned counsel appearing for the petitioner are as follows:-

3.1. The petitioner is a resident of Kalmandabam Village, Puducherry and has been arrayed as A22 in the present case without there being any specific allegation against him. The case was registered on 24.09.2013, the final report was filed on 27.11.2014 and the same was taken on file in C.C.No.20 of 2017. Though cognizance has been taken, there has been no progress in the trial for the past eight years, and nearly thirteen years have elapsed from the date of registration of the case.

3.2. The case was registered for the offences under Sections 147, 148, 153 A, 336, 427, 353 and 506(ii) r/w.149 of IPC, 1860. Insofar as the offence under Section 153 A of IPC, 1860, prior sanction of the competent authority is mandatory under Section 196 of the Code of Criminal Procedure, and in the absence of such sanction, the prosecution is vitiated.

3.3. However, in the present case, no sanction has been obtained by the respondent as mandated under law, and the learned Magistrate has taken cognizance of the offence in the absence of such sanction, which is impermissible. The petitioner’s name does not find place in the First Information Report. In the absence of any test identification parade or any legally acceptable material, the petitioner has been falsely implicated in the case based on fake allegations.

3.4. This Court, in a similar matter in Suo Motu WP.(Crl).No.618 of

2025, had exercised its powers to quash criminal proceedings on the ground of inordinate delay, in order to safeguard the right to speedy trial guaranteed under Article 21 of Constitution of India. Therefore, the proceedings pendin