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CDJ 2026 MHC 1364
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| Court : Before the Madurai Bench of Madras High Court |
| Case No : Crl. O.P. (MD) No. 4655 of 2026 & Crl. M.P. (MD). Nos. 4950 & 4952 of 2026 |
| Judges: THE HONOURABLE MR. JUSTICE R. VIJAYAKUMAR |
| Parties : M. Mohamed Harish Mahdar Versus The State Rep. by the Inspector of Police, Mallanginar Police Station, Virudhunagar & Another |
| Appearing Advocates : For the Petitioner: A. Sheik Abdulla for M/s. Ajmal Associates, Advocates. For the Respondents: R1, Albert James, Government Advocate (Crl.Side). |
| Date of Judgment : 02-03-2026 |
| Head Note :- |
Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 528 -
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| Summary :- |
1. Statutes / Acts / Rules / Orders / Regulations / Sections Mentioned:
- Section 528 of Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023
- Sections 143 and 341 of the IPC
- Section 143 of the IPC
- Section 341 of the IPC
2. Catch Words:
- Quash
- Unlawful assembly
- Protest
- Charge sheet
3. Summary:
The petitioner filed a criminal original petition under Section 528 of the BNSS, 2023, seeking to quash the charge sheet in S.T.C. No. 5 of 2026 where he is named as Accused No. 34 for alleged offences under Sections 143 and 341 IPC. The charge sheet alleges that the petitioner, along with other officials, staged a peaceful protest on 24‑02‑2024 against the suspension of two employees, and was charged for not dispersing. The petitioner contended that no overt act was proved and that the ingredients of Section 341 IPC were absent. The court observed that the assembly was peaceful, aimed at submitting a grievance, and did not constitute an unlawful assembly; moreover, there was no allegation of wrongful restraint of any official, rendering Section 341 IPC inapplicable. Consequently, the court held that the offences were not made out and continued trial would prejudice the petitioner. The petition was allowed, and the charge sheet was quashed as to the petitioner.
4. Conclusion:
Petition Allowed |
| Judgment :- |
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(Prayer: Criminal Original Petition filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 to call for the records relating to the charge sheet in S.T.C.No.5 of 2026 on the file of District Munsif cum Judicial Magistrate Court, Kariapatti and to quash the same as illegal insofar as the petitioner and pass such further or other orders.)
1. This Criminal Original Petition has been filed to quash the charge sheet in S.T.C. No.5 of 2026 on the file of the District Munsif-cum-Judicial Magistrate, Kariapatti, arising out of Crime No. 33 of 2024 on the file of the first respondent police station.
2. A perusal of the charge sheet reveals that totally there are 172 accused persons, out which the petitioner is arrayed as Accused No.34. As per the allegations in the charge sheet, the petitioner and others have been charged with offences punishable under Sections 143 and 341 of the IPC.
3. The allegations in the charge sheet reveal that on 24.02.2024, the petitioner and other officials belonging to the Rural Development Department assembled and staged a protest infront of Town Panchayat Office, Mallanginaru, seeking revocation of the suspension of two employees, who were working in the Town Panchayat Office. The first respondent police asked them to disperse from the spot, but they did not disperse; hence, they were charged with the present offence.
4. According to the petitioner, no specific overtact has been alleged against him. He further points out that the ingredients of Section 341 of the IPC have not been made out. However, the learned Government Advocate appearing for the first respondent submits that several witnesses have spoken about the petitioner’s participation in the alleged protest.
5. Heard both sides and perused the materials available on record.
6. As far as Section 143 of the IPC is concerned, the petitioner, along with 171 government officials had assembled to protest against the suspension of two other officials. The petitioner and the other officials were undertaking a peaceful protest and gathering in order to submit a request letter to the District Collector or the concerned Minister, seeking their attention to redress their grievances, and such an assembly cannot be considered to be an unlawful assembly.
7. There is no allegation whatsoever in either the FIR or the charge sheet that they caused wrongful restraint of any official. Therefore, Section 341 of IPC is not attracted.
8. In such view of the matter, the offences under Sections 143 and 341 of the IPC have not been made out, and the continuation of the trial in S.T.C. No. 5 of 2026 on the file of the District Munsif-cum-Judicial Magistrate Court, Kariapatti, would cause prejudice to the petitioner.
9. In view thereof, this Criminal Original Petition is allowed, the impugned charge sheet in S.T.C. No. 5 of 2026 on the file of the District Munsif-cum Judicial Magistrate Court, Kariapatti, is quashed insofar as the petitioner alone is concerned. No costs. Consequently, connected miscellaneous petitions are closed.
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