High Court · 2025

CRL.O.P.No.12386 of 2025IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 25.04.2025CORAM:THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.12386 of 2025 andCrl.MP.No.8219 of 20251.Sikkanthar Bathusha @ Sikkinthar Pathusha2.Mohammed Ismayil @ Mohamed Ismail3.Shathik @ Sathik Mansoor4.Sithik @ Sidthick5.Mansoor Ali @ Monsur Ali6.Mohammed Isac @ Mohamed Isaq7.Syed Abuthahir8.Abdul Kathar Mohideen @ Abdul Kader Moideen9.Navas @ Navaz Ali10.Mohideen Abdul Kathar @ Mydheen Abdul Kathar... PetitionersVs.The State Rep.By Sub Inspector of Police,Dharapuram Police Station, Tiruppur(in Cr.No.503 of 2022)... RespondentPRAYER: Criminal Original Petition filed under Section 528 of BNSS praying to call for the records in STC.No.1203 of 2023 in crime No.503 of 2022 on the file of the Judicial Magistrate, Dharapuram and quash the same.For Petitioners : Mr.A.Rajamohamed For Respondent : Mr.A.Gopinath, Government Advocate (Crl.side)Page 1 of 8 https://www.mhc.tn.gov.in/judis CRL.O.P.No.12386 of 2025ORDERThis Criminal Original Petition has been filed to quash the proceedings in STC.No.1203 of 2023 on the file of the Judicial Magistrate, Dharapuram, taken cognizance for the offences under Sections 143, 341 & 290 of IPC.2.The case of the prosecution is that the petitioner and few others without any permission from the respondent Police unlawfully gathered and protested against Central Government. They also hindered traffic. Hence, the complaint.3.The learned Counsel appearing for the petitioners would submit that the petitioners are innocent persons and they have not committed any offence as alleged by the prosecution. Without any base, the respondent police registered a case in Crime No.503 of 2022 for the offences under Sections 143, 341 & 290 of IPC, as against the petitioners. Hence, he prayed to quash the same.4.The learned Government Advocate (Crl.side) would submit that there are specific allegations against the petitioner. Hence, he prayed for Page 2 of 8 https://www.mhc.tn.gov.in/judis CRL.O.P.No.12386 of 2025dismissal of this petition. 5. Heard the learned counsel for the petitioners and the learned Government Advocate (Crl.side) for the respondent and perused materials available on record.6.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 and in this regard, the Apex Court in State of Haryana and others Vs. Bhajan Lal and Others reported in 1992 Supp (1) Supreme Court Cases 335, has been held as follows : “........(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 Page 3 of 8 https://www.mhc.tn.gov.in/judis CRL.O.P.No.12386 of 2025disclose 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;(c) where the uncontroverted allegations made in the FIR or -complaint and the evidence collected in support of the same do not disclose the commission of any offence and make out a case against the accused;(d) where the allegations in the FIR do not constitute a cognizable offence but constitute only a non~cognizable offence, no investigation is permitted by a police officer without an order of a Magistrate as contemplated under Section 155(2) of the Code;(e) where the allegations made in the FIR or complaint are so absurd and inherently improbable on the basis of which no prudent person can ever reach a just conclusion that there is sufficient ground for proceeding against the accused;(f) where there is an express legal bar engrafted in any of the provisions of the Code or the concerned Act (under which a criminal proceeding is instituted) to the institution and continuance of the proceedings and/or where there is a specific provision in the Code or the concerned Act, providing efficacious redress for the grievance of the aggrieved party;(g) where a criminal proceeding is manifestly attended with mala fide and/or where the proceeding is maliciously instituted with an ulterior motive for wreaking vengeance on Page 4 of 8 https://www.mhc.tn.gov.in/judis CRL.O.P.No.12386 of 2025the accused and with a view to spite him due to private and personal grudge.”7. It is also relevant to note the definition of Unlawful Assembly:Section 141 defines Unlawful Assembly- An assembly of five or more persons is designated an “unlawful assembly”, if the common object of the persons composing that assembly is - First - To overawe by criminal force, or show of criminal force, the Central or any State Government or Parliament or the Legislature of any State, or any public servant in the exercise of the lawful power of such public servant; or Second - To resist the execution of any law, or of any legal process; orThird - To commit any mischief or criminal trespass, or other offence; orFourth - By means of criminal force, or show of criminal force, to any person to take or obtain possession of any property, or to deprive any person of the enjoyment of a right of way, or of the use of water or other incorporeal right of which he is in possession or enjoyment, or to enforce any right or supposed right; orFifth - By means of criminal force, or show of criminal force, to compel any person to do what he is not legally bound Page 5 of 8 https://www.mhc.tn.gov.in/judis CRL.O.P.No.12386 of 2025to do, or to omit to do what he is legally entitled to do.-Explanation – An assembly which was not unlawful when it assembled, may subsequently become an unlawful assembly.8.Only when the assembly fit into any of the above circumstances, it could be construed as unlawful. The accused had not shown any criminal force to commit any mischief, crime or any offence or by way of criminal force or tried to take possession of the property or right to use of incorporeal right which is in possession of enjoyment of others or rights. 9.Accordingly, this Criminal Original Petition stands allowed and the entire proceedings in STC.No.1203 of 2023 in respect of crime No.503 of 2022, on the file of the Judicial Magistrate, Dharapuram, is hereby quashed as against the petitioners. Consequently, connected miscellaneous petition is closed. 25.04.2025Internet : Yes / NoIndex: Yes / NoSpeaking / Non Speaking orderlokPage 6 of 8 https://www.mhc.tn.gov.in/judis CRL.O.P.No.12386 of 2025To1.Judicial Magistrate, Dharapuram 2.Sub Inspector of Police,Dharapuram Police Station, Tiruppur3.The Public Prosecutor,High Court, Madras.Page 7 of 8 https://www.mhc.tn.gov.in/judis CRL.O.P.No.12386 of 2025G.K.ILANTHIRAIYAN, J.lokCrl.O.P.No.12386 of 202525.04.2025Page 8 of 8

CRL.O.P.No.12386 of 2025IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 25.04.2025CORAM:THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.12386 of 2025 andCrl.MP.No.8219 of 20251.Sikkanthar Bathusha @ Sikkinthar Pathusha2.Mohammed Ismayil @ Mohamed Ismail3.Shathik @ Sathik Mansoor4.Sithik @ Sidthick5.Mansoor Ali @ Monsur Ali6.Mohammed Isac @ Mohamed Isaq7.Syed Abuthahir8.Abdul Kathar Mohideen @ Abdul Kader Moideen9.Navas @ Navaz Ali10.Mohideen Abdul Kathar @ Mydheen Abdul Kathar... PetitionersVs.The State Rep.By Sub Inspector of Police,Dharapuram Police Station, Tiruppur(in Cr.No.503 of 2022)... RespondentPRAYER: Criminal Original Petition filed under Section 528 of BNSS praying to call for the records in STC.No.1203 of 2023 in crime No.503 of 2022 on the file of the Judicial Magistrate, Dharapuram and quash the same.For Petitioners : Mr.A.Rajamohamed For Respondent : Mr.A.Gopinath, Government Advocate (Crl.side)Page 1 of 8 https://www.mhc.tn.gov.in/judis CRL.O.P.No.12386 of 2025ORDERThis Criminal Original Petition has been filed to quash the proceedings in STC.No.1203 of 2023 on the file of the Judicial Magistrate, Dharapuram, taken cognizance for the offences under Sections 143, 341 & 290 of IPC.2.The case of the prosecution is that the petitioner and few others without any permission from the respondent Police unlawfully gathered and protested against Central Government. They also hindered traffic. Hence, the complaint.3.The learned Counsel appearing for the petitioners would submit that the petitioners are innocent persons and they have not committed any offence as alleged by the prosecution. Without any base, the respondent police registered a case in Crime No.503 of 2022 for the offences under Sections 143, 341 & 290 of IPC, as against the petitioners. Hence, he prayed to quash the same.4.The learned Government Advocate (Crl.side) would submit that there are specific allegations against the petitioner. Hence, he prayed for Page 2 of 8 https://www.mhc.tn.gov.in/judis CRL.O.P.No.12386 of 2025dismissal of this petition. 5. Heard the learned counsel for the petitioners and the learned Government Advocate (Crl.side) for the respondent and perused materials available on record.6.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 and in this regard, the Apex Court in State of Haryana and others Vs. Bhajan Lal and Others reported in 1992 Supp (1) Supreme Court Cases 335, has been held as follows : “........(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 Page 3 of 8 https://www.mhc.tn.gov.in/judis CRL.O.P.No.12386 of 2025disclose 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;(c) where the uncontroverted allegations made in the FIR or -complaint and the evidence collected in support of the same do not disclose the commission of any offence and make out a case against the accused;(d) where the allegations in the FIR do not constitute a cognizable offence but constitute only a non~cognizable offence, no investigation is permitted by a police officer without an order of a Magistrate as contemplated under Section 155(2) of the Code;(e) where the allegations made in the FIR or complaint are so absurd and inherently improbable on the basis of which no prudent person can ever reach a just conclusion that there is sufficient ground for proceeding against the accused;(f) where there is an express legal bar engrafted in any of the provisions of the Code or the concerned Act (under which a criminal proceeding is instituted) to the institution and continuance of the proceedings and/or where there is a specific provision in the Code or the concerned Act, providing efficacious redress for the grievance of the aggrieved party;(g) where a criminal proceeding is manifestly attended with mala fide and/or where the proceeding is maliciously instituted with an ulterior motive for wreaking vengeance on Page 4 of 8 https://www.mhc.tn.gov.in/judis CRL.O.P.No.12386 of 2025the accused and with a view to spite him due to private and personal grudge.”7. It is also relevant to note the definition of Unlawful Assembly:Section 141 defines Unlawful Assembly- An assembly of five or more persons is designated an “unlawful assembly”, if the common object of the persons composing that assembly is - First - To overawe by criminal force, or show of criminal force, the Central or any State Government or Parliament or the Legislature of any State, or any public servant in the exercise of the lawful power of such public servant; or Second - To resist the execution of any law, or of any legal process; orThird - To commit any mischief or criminal trespass, or other offence; orFourth - By means of criminal force, or show of criminal force, to any person to take or obtain possession of any property, or to deprive any person of the enjoyment of a right of way, or of the use of water or other incorporeal right of which he is in possession or enjoyment, or to enforce any right or supposed right; orFifth - By means of criminal force, or show of criminal force, to compel any person to do what he is not legally bound Page 5 of 8 https://www.mhc.tn.gov.in/judis CRL.O.P.No.12386 of 2025to do, or to omit to do what he is legally entitled to do.-Explanation – An assembly which was not unlawful when it assembled, may subsequently become an unlawful assembly.8.Only when the assembly fit into any of the above circumstances, it could be construed as unlawful. The accused had not shown any criminal force to commit any mischief, crime or any offence or by way of criminal force or tried to take possession of the property or right to use of incorporeal right which is in possession of enjoyment of others or rights. 9.Accordingly, this Criminal Original Petition stands allowed and the entire proceedings in STC.No.1203 of 2023 in respect of crime No.503 of 2022, on the file of the Judicial Magistrate, Dharapuram, is hereby quashed as against the petitioners. Consequently, connected miscellaneous petition is closed. 25.04.2025Internet : Yes / NoIndex: Yes / NoSpeaking / Non Speaking orderlokPage 6 of 8 https://www.mhc.tn.gov.in/judis CRL.O.P.No.12386 of 2025To1.Judicial Magistrate, Dharapuram 2.Sub Inspector of Police,Dharapuram Police Station, Tiruppur3.The Public Prosecutor,High Court, Madras.Page 7 of 8 https://www.mhc.tn.gov.in/judis CRL.O.P.No.12386 of 2025G.K.ILANTHIRAIYAN, J.lokCrl.O.P.No.12386 of 202525.04.2025Page 8 of 8