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CDJ 2026 MHC 5878 print Preview print Next print
Court : High Court of Judicature at Madras
Case No : CRL OP No. 21754 of 2026 & CRL MP Nos.14457 & 14458 of 2026
Judges: THE HONOURABLE MR. JUSTICE D. BHARATHA CHAKRAVARTHY
Parties : Ravichandran & Others Versus The State rep by the Inspector of Police Sulthapettai Police Station, Coimbatore & Another
Appearing Advocates : For the Petitioner: R. Muruga Bharathi, Advocate. For the Respondent: M. Mohamed Riyaz, Government Advocate (Crl. Side).
Date of Judgment : 10-08-2026
Head Note :-
Constitution of India - Article 19(1)(a) & (b) -
Summary :-
1. Statutes / Acts / Rules Mentioned:
- Section 528 of BNSS
- Sections 189(2) and 126(2) of the BNS, 2023
- Article 19(1)(a) and (b) of the Constitution of India

2. Catch Words:
- Unlawful assembly
- Right to peaceful assembly
- Quash
- Section 528
- Section 189(2)
- Section 126(2)

3. Summary:
The petitioner filed a Criminal Original Petition under Section 528 of BNSS seeking quash of S.T.C. No.1187/2026 relating to alleged offences under Sections 189(2) and 126(2) of the BNS, 2023. The court observed that the protest was peaceful, did not affect public order, and lacked any criminal intent or force. Absence of permission alone cannot constitute an unlawful assembly. The right to assemble peacefully is protected under Article 19(1)(a) and (b) of the Constitution, as affirmed by Supreme Court precedents. Consequently, the alleged offences were not made out, and continuing prosecution would be oppressive. The petition was allowed, and the S.T.C. was quashed in its entirety with no costs.

4. Conclusion:
Petition Allowed
Judgment :-

(Prayer: Criminal Original Petition is filed under Section 528 of BNSS, praying to call for the records pertaining to the charge sheet in S.T.C.no.1187 of 2026 Judicial Magistrate, Sulur, Coimbatore in Crime no.198 of 2025 on the file of the Inspector of Police, Sulthanpettai Police Station, Sulthanpettai Coimbatore District and Quash the same.)

1. The prayer in the Criminal Original Petition is to quash the S.T.C.No.1187 of 2026 on the file of the Judicial Magistrate, Sulur, Coimbatore, in Crime No.198 of 2025 on the file of the Inspector of Police, Sulthanpettai, Coimbatore District, for alleged offences under Sections 189(2) and 126(2) of the BNS, 2023.

2. Upon considering the materials, it is evident that the petitioner(s) and others assembled and protested against the Government regarding issues concerning the farming community. It is also evident that there was no violence. Public order remained unaffected. There was no criminal force. When the intention to commit any offence is lacking, it cannot be deemed an unlawful assembly merely because of the lack of permission. The mere lack of permission alone cannot be a ground to register the case under the aforesaid provisions.

3. The right to assemble and protest peacefully without affecting public order is held to be a fundamental right under Article 19(1)(a) and (b) of the Constitution of India. A useful reference in this regard is the Consti-tution Bench Judgments of the Hon’ble Supreme Court of India in Kameshwar Prasad and others -Vs- State of Bihar and another (1960 SCCOnline SC 30) and Himat Lal K. Shah -Vs- State (1973 1 SCC 227). The Hon’ble Supreme Court of India, in Amit Sahni (Shaheen Bagh in re) -Vs- Commissioner of Police & others (2020 10 SCC 439), further observed that such rights must be respected and encouraged by the state.

4. Thus, finding that the offences alleged are not made out and that it would be oppressive on behalf of the state to continue the prosecution of the petitioner and others, the Criminal Original Petition deserves to be allowed.

5. The S.T.C.No.1187 of 2026 on the file of the Judicial Magistrate, Sulur, Coimbatore, in Crime No.198 of 2025 on the file of the Inspector of Police, Sulthanpettai, Coimbatore District, stands quashed in its entirety. No costs. Consequently, the connected miscellaneous petitions are closed.
 
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