Protests for public demands on highways are democratic rights; quash proceedings lacking independent witnesses and harm.

ORDER

The petitioners/Accused No.1 to 9, 11 to 20, 22 to 29, 31 to 38, who are facing trial for the alleged offences underSections 143and 341 ofin C.C.No.828 of 2025 on the file of learned Judicial Magistrate, Sulur, have filed the above quash petition. 2. On the complaint given by the Sub Inspector of Police, Sulthanpet Police Station, a case in Crime No.198 of 2022 was registered by the respondent Police for offences underSections 143and 341 ofagainst the petitioners and 3 others. On completion of investigation, charge sheet came to be filed listing five witnesses as LW1 to LW5 and documents.

3. The gist of the complaint is that on 15.06.2022, at about 9.00a.m., the petitioners along with other accused persons had unlawfully gathered near Vadugapalayam cut road at Senjeriputhur and had protested demanding a speed breaker in the Palladam to Udhumalai Highway and thereby restricted the traffic movement in the highway and thereby resulting in lodging of complaint by the Sub Inspector of Police, Sulthanpet Police Station. As already stated, on completion of investigation, charge sheet came to be filed before the learned Judicial Magistrate, Sulur and the same was taken on file as C.C.No.828 of 2025.

4. The learned counsel for the petitioners submitted that the petitioners are innocent and a false case has been foisted upon them. According to the learned counsel, there are no materials to prove that the petitioners have committed the offences as alleged by the prosecution.

5. The learned counsel further submitted that this Court in the case of “ Madhan Mohan Versus The State and another in Crl.O.P.Nos.23129 & 23127 of 2019” on similar grounds, quashed the proceedings against the accused. Hence, he prayed for quashing of the proceedings against the petitioners.

6. The learned Additional Public Prosecutor for the respondent submitted that the petitioners along with others, without getting permission from the authorities concerned, had formed themselves into an unlawful assembly, restrained the others and caused traffic disturbance in the highways.

On completion of investigation, charge sheet has been filed in this case.

7. Considered the submissions on either side and perused the materials on record.

8. It is seen from the statements of witnesses, L.W.s 1 to L.W.5 that on the date of occurrence, around 38 persons had formed themselves into an unlawful assembly and protested demanding a speed breaker in the Palladam to Udhumalai Highway and thereby restricted the traffic movement in the highway. The petitioners are also shown to be one of the accused. Admittedly, in this case, the occurrence had taken place in a public place and in public view. However, no public or independent witnesses were examined by the prosecution, which causes a serious doubt on the veracity of the complaint. Further, in consequence to the protest, the prosecution failed to show whether any trouble arose and injuries caused. In several cases, this Court quashes the proceedings against the accused/protesters on similar ground, holding it is one form of democratic right.

9.In the result, the proceedings in C.C.No.828 of 2025 on the file of learned Judicial Magistrate, Sulur is hereby quashed in so far as the petitioners are concerned. This Criminal Original Petition is allowed accordingly.