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2026 Supreme(Online)(Mad) 26895

IN THE HIGH COURT OF JUDICATURE AT MADRAS
R.VIJAYAKUMAR, J
C.Arunkumar – Appellant
Versus
The State of Tamilnadu – Respondent
Crl.OP.(MD)No.5566 of 2026|Crl.M.P.(MD)No.6012 of 2026



Advocates:
For the Appellants/Petitioners: M/s.D.S.Haroon Rasheed
For the Respondents:Mr.A.Albert James Government Advocate(crl.side) for R1

Peaceful protest assembly expressing dissent without violence justifies quashing FIR under IPC Sections 143, 269, 270.

Headnote:Sections 143, 269, 270 of IPC invoked against petitioner for unlawful assembly protesting Punjab government's failure to protect Prime Minister. FIR alleged violation of COVID-19 protocol during assembly at bus stand with 44 others, no violence occurred. Court found assembly as democratic dissent expression, quashed FIR against all accused. Issue framed as whether investigation should continue absent violence in peaceful protest assembly. Ratio: Peaceful dissent assembly does not warrant prosecution under invoked sections when no harm ensued, protecting democratic rights. FIR in Crime No.12 of 2022 quashed for petitioner and all 45 accused; petition allowed.

Table of Content
1. petition to quash fir for unlawful assembly (Para 1 , 2)
2. peaceful dissent assembly warrants no investigation (Para 3)
3. fir quashed for all accused (Para 4 , 5)

ORDER

The present petition has been filed by the accused No.36 in crime No.12 of 2022 on the file of the first respondent police seeking to quash the F.I.R. wherein the petitioner is alleged to have committed offences under Sections

143, 269 and 270 of IPC.

2. A perusal of the F.I.R. reveals that the petitioner along with 44 other accused persons, have unlawfully assembled before the Pavoorchatram Bus Stand and raised slogans as against the State Government of Punjab for not providing adequate protection to the Hon'ble Prime Minister. The petitioner has been charged for violating the COVID-19 protocol.

3. Considering the fact that the petitioner and others have assembled only to express their dissent, in a democratic manner and especially when no violence has been happened pursuant to their unlawful assembly, this Court does not find any reason to direct the police officials to continue with the investigation.

4. In view of the above said facts, F.I.R. in crime No.12 of 2022, shall stand quashed not only with regard to the petitioner but also with regard to all other accused persons in the said crime number.

5. Accordingly, this Criminal Original Petition stands allowed not only in favour of the petitioner herein but also in favour of all other accused persons who are arrayed as the accused in crime No.12 of 2022 on the file of the first respondent Police station. Consequently, connected miscellaneous petition is also closed. 18.03.2026 NCC : Yes/No Index : Yes/No Internet: Yes/No RJR To

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