BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED 12.01.2026 CORAM THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI Crl.O.P.(MD).No.727 of 2026 and Crl MP(MD)Nos.734 and 735 of 2026

1. C.Soman @ Misa Soman

2. R.Murugan

3. W.Vibin

4. R.Ramesh

5. M.Satheesh

6. I.Abishkumar 7. R.Thilpkumar

8. T.Sajin

9. T.Murugananthaparasa

10. M.Murugesh

11. P.Selvaraj

12. C.Santhavan

13. P.Viswamparan

14. R.Subash

15. V.Vinoth

16. C.SAnthosh, 17. C.Chithamparam, 18. R.Sujin 19. S.Subin ... Petitioner/Accused No.1 to 19 Vs.

1. The State of Tamilnadu, Rep. by the Inspector of Police, Arumanai Police Station, Kannyakumari District.

Crime No.21 of 2023 .... 1st Respondent / Complainant

2. Sridevi .... 2nd Respondent / Defacto Complainant Prayer : Criminal Original Petition is filed under Section 528 of BNSS, 2023, to call for the records in STC No.254/2023, on the learned Judicial Magistrate No.I, Kulithurai, Kannyakumari District and quash the same.

For Petitioners : Mr.H.Velavadhas For R-1 : Mr.S.Ravi Additional Public Prosecutor

ORDER

Preface:

The petitioner seeks intervention of this Court contending that the criminal proceedings have been initiated against him and other villagers merely for raising protest against an allegedly unauthorized religious structure functioning in the village and that the allegations contained in the FIR and the final report do not disclose the essential ingredients of the offences alleged.

2. The issue that arises for consideration in the present case is whether the allegations in the final report, even if taken at face value, would constitute the offences alleged so as to justify continuation of the criminal prosecution. Case of the prosecution:

3. The case of the prosecution, as could be gathered from the First Information Report and the final report, is that the occurrence took place on 05.02.2023 at Anichanvilai, Citharal Village, within the jurisdiction of the respondent police.

4. According to the prosecution, the second respondent, who was serving as the Village Administrative Officer (VAO) of the concerned village, lodged a complaint before the first respondent police stating that a group of villagers, including the petitioner, assembled near a place in Survey No.707/6 measuring about two cents, where a church known as “Kolkatha Mission Church” was functioning.

5. It is alleged that the petitioner and others formed themselves into an unlawful assembly and protested against the conduct of prayer meetings in the said church on the ground that the church was functioning without proper authorization. It is further alleged that during such protest, the accused persons raised slogans and obstructed certain persons and thereby created a disturbance.

6. On the basis of the complaint lodged by the Village Administrative Officer, the respondent police registered Crime No.21 of 2023 for offences under Sections 143, 341 and 153 IPC. Upon completion of investigation, the respondent police filed a final report before the learned Judicial Magistrate No.I, Kulithurai, which was taken on file as S.T.C.No.254 of 2023. Aggrieved by the initiation of the said criminal proceedings, the petitioner has approached this Court seeking quashment of the same.

Grounds for quash:

7. The petitioner has raised several grounds seeking quashment of the criminal proceedings. The principal contention of the petitioner is that the protest conducted by the villagers was only to bring to the notice of the authorities that a religious establishment was functioning without the required permissions from the competent authorities.

8. It is further contended that the right to protest peacefully and express dissent is a facet of the fundamental right guaranteed under Article 19(1)(a) and Article 19(1)(b) of the Constitution of India, and therefore, mere participation in a peaceful protest cannot be construed as constituting a criminal offence.

9. The petitioner would further submit that the allegations in the FIR and the final report do not satisfy the essential ingredients of the o