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CDJ 2026 MHC 5877 My Notes print Preview print print
Court : High Court of Judicature at Madras
Case No : CRL OP No. 21703 of 2026 & CRL MP No. 14392 of 2026
Judges: THE HONOURABLE MR. JUSTICE D. BHARATHA CHAKRAVARTHY
Parties : Krishnamoorthi & Others Versus State represented by, The Inspector of Police & Another
Appearing Advocates : For the Petitioner: S. Ganesh Babu, Advocate. For the Respondent: M. Mohamed Riyaz, Government Advocate (Crl. Side).
Date of Judgment : 10-08-2026
Head Note :-
BNS, 2023 - Sections 189(2), 226 & 193(1) -
Judgment :-

(Prayer: Criminal Original Petition is filed under Section 528 of BNSS, praying to call for the records relating to in S.T.C.No.868 of 2025 on the file of the Judicial Magistrate, Pappireddipatti, Dharmapuri District and quash the same by allowing this Criminal Original Petition.)

1. The prayer in the Criminal Original Petition is to quash the S.T.C.No.868 of 2025 on the file of the Judicial Magistrate, Pappireddipatti, Dharmapuri, for alleged offences under Sections 189(2), 226 & 193(1) of the BNS, 2023.

2. Upon considering the materials, it is evident that the petitioner(s) and others assembled and protested against the Varalakshmi Starch Industries Private Limited, for not taking action against the illegal extraction of the ground water. 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 Constitution 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.868 of 2025 on the file of the Judicial Magistrate, Pappireddipatti, Dharmapuri District stands quashed in its entirety. No costs. Consequently, the miscellaneous petition stands quashed.
 
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