High Court · 2025

Crl.O.P.No. 7619 of 2025IN THE HIGH COURT OF JUDICATURE AT MADRASDATED: 17.03.2025CORAM:THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYANCrl.O.P.No.7619 of 2025andCMP.Nos.4892 & 4893 of 20251.Samsudeen @ Shamsudeen2.Sayadh Rasith @ Syed Rashid3.Safi Ulla @ K.Safibulla... PetitionersVersus1.State Rep. By the Inspector of Police, Ariyalur Police Station, Ariyalur District. (Crime No.48 of 2020)2.Murugesan ... RespondentsPRAYER: Criminal Original Petition is filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, to call for the records pertaining to the impugned charge sheet in C.C.No.196 of 2020 dated 20.02.2020 on the file of the learned Judicial Magistrate-I, Ariyalur and quash the same as illegal so far as the petitioner is concerned.For Petitioners: Mr. S.M.A. JinnahFor Respondents : M/s. J.R. Archana, Government Advocate (Crl.side)O R D E RPage 1 of 8 https://www.mhc.tn.gov.in/judis Crl.O.P.No. 7619 of 2025This Criminal Original Petition has been filed to quash the chargesheet in C.C.No.196 of 2020 dated 20.02.2020 on the file of the learned Judicial Magistrate-I, Ariyalur.2.The case of the prosecution is that on 19.02.2020, the petitioners, along with 6 others, had unlawfully assembled in front of the Anna statue near Ariyalur Bus stand, each protesting against the Central Government's move to implement the Indian Citizenship Amendment Act, the National Register of Citizens and the National Population Register. The assembly took place without obtaining prior permission and resulted in the blocking of traffic and disturbance to the general public and the free movement of traffic.3.The learned counsel 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 espondent police filed the charge sheet in C.C.No.196 of 2020 on the file of the learned Judicial Magistrate-I, Ariyalur, for the offences under Sections 143, 283 Page 2 of 8 https://www.mhc.tn.gov.in/judis Crl.O.P.No. 7619 of 2025and 341 of IPC, and Section 3-A of the Tamil Nadu Towns Nuisances Act, 1889 as against these petitioners. Hence, he prayed to quash the same.4.The learned Government Advocate (Crl.side) would submit that the investigation has been completed and the respondent police has also filed the final report before the learned Judicial Magistrate-I, Ariyalur in C.C.No.196 of 2020.5. Heard the learned counsel for the petitioners and the learned Government Advocate (Crl.side) for the first respondent and perused materials available on record.6.It is to be noted that while exercising the power under Section 528 of BNSS, 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 Page 3 of 8 https://www.mhc.tn.gov.in/judis Crl.O.P.No. 7619 of 2025in 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 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;(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 Page 4 of 8 https://www.mhc.tn.gov.in/judis Crl.O.P.No. 7619 of 2025complaint 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 the 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:“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 :(i) to overawe by criminal force, or show of criminal Page 5 of 8 https://www.mhc.tn.gov.in/judis Crl.O.P.No. 7619 of 2025force, 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 (ii) to resist the execution of any law, or of any legal process; or(iii) to commit any mischief or criminal trespass, or other offence; or(iv) 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; or(v) by means of criminal force, or show of criminal force, to compel any person to do what he is not legally bound to do, or to omit to do what he is legally entitled to do.”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 Page 6 of 8 https://www.mhc.tn.gov.in/judis Crl.O.P.No. 7619 of 2025right 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 charge sheet filed by the respondent before the learned Judicial Magistrate-I, Ariyalur in C.C No.196 of 2020 for the offences under Sections 143, 283, 341 of IPC and Section 3-A of the Tamil Nadu Towns Nuisances Act, 1889, is hereby quashed as against these petitioners alone. Consequently, connected miscellaneous petitions are also closed.17.03.2025Index: Yes/NoNeutral citation: Yes/NoSpeaking/non-speaking orderkltG.K.ILANTHIRAIYAN, J.kltToPage 7 of 8 https://www.mhc.tn.gov.in/judis Crl.O.P.No. 7619 of 20251. The Judicial Magistrate- I, Ariyalur. 2. The Inspector of Police, Ariyalur Police Station, Ariyalur District. (Crime No.48 of 2020) 3. The Public Prosecutor, High Court, Madras.Crl.O.P.No.7619 of 2025andCMP.Nos.4892 & 4893 of 202517.03.2025Page 8 of 8