The court quashed proceedings due to lack of sufficient evidence to constitute a criminal offence against the petitioners, emphasizing lawful protest rights.

O R D E R

The present Criminal Original Petition has been filed seeking to quash the proceedings in C.C.No.233 of 2023 pending on the file of the Judicial Magistrate Court, Cheyyar.

2. The case of the prosecution is that on 28.08.2023, the petitioners and others trespassed into the property of the de facto complainant, abused him and criminally intimidated him for consenting to the acquisition of his land for the SIPCOT project. It is further alleged that the accused insisted the de facto complainant to join them in the protest against the acquisition of agricultural land for the said project. Consequently, a case in Crime No.316 of 2023 was registered by the respondent Police for the offences under Sections 147, 341, 294(b) & 506(I) IPC. After completion of investigation, the final report was filed before the Judicial Magistrate Court, Cheyyar for the offences under Sections 147, 341, 294(b), 506(I) & 447 IPC and the learned Magistrate took cognizance of the same and numbered it as C.C.No.233 of 2023, which is now sought to be quashed.

3. Learned counsel appearing for the petitioners submitted that other than participating in the protest against the acquisition of agricultural land for the SIPCOT project, the petitioners have not committed any offence. He further submitted that even taking into consideration the entire averments in the charge sheet at their face value, the ingredients of the alleged offences cannot be made out against the petitioners. He also submitted that except for general and omnibus allegations that the petitioners have raised slogans, there is no other material to suggest that the petitioners either intimidated the de facto complainant or trespassed into his property. He further submitted that this Court, on the very same set of allegations, has already quashed the proceedings in respect of the co- accused in Crl.O.P.No.3117 of 2024, vide order dated 09.04.2025. Hence, he prayed to quash the proceedings pending against the petitioners.

4. In support of his contention, the learned counsel for the petitioner relied on the judgment passed by the Hon’ble Apex Court in State of Haryana and others Vs. Bhajan Lal and Others reported in 1992 Supp (1) Supreme Court Cases 335

5. Learned Additional Public Prosecutor appearing for the respondent Police endorsed the aforesaid submission of the learned counsel for the petitioners that the proceedings against the similarly placed co-

accused has been quashed by this Court.

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

7. It is to be noted that while exercising the power under Section

482, the Court should be slow. At the same time, if the Court finds that from the entire materials collected by the prosecution, taken as a whole, would not constitute any offence, in such situation, directing the parties to undergo ordeal of trial will be a futile exercise and it will infringe the right of the persons. In this regard, the Apex Court in the oft-quoted and celebrated judgment in Bhajan Lal, supra, has, by way of an illustration, given the circumstances under which the powers under Section 482 Cr.P.C., can be exercised and the same read as under:

“(a) where the allegations made in the First Information Report or the complaint, even if they are taken at their face value and accepted in their entirety do not prima facie constitute any offence or make out a case against the accused;

(b) where the allegations in the First Information Report and other materials, if any, accompanying the F.I.R. do not disclose a cognizable offence, justifying an investigation by police officers under Section 156(1) of the Code except under an order of a Magistrate within the purview of Section

155(2) of the Code;