Madras High Court
CRL OP(MD)/23982/2026 of Marimuthu Vs State Of Tamilnadu Rep By In on 16 October 2026
CRL OP(MD) No. 23982 of 2026
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 16-10-2026
CORAM
THE HON'BLE MR JUSTICE R.VIJAYAKUMAR
CRL OP(MD) No. 23982 of 2026
CNR:{HCMD011470522026}
AND
CRL MP(MD) NO. 22506 OF 2026
1. Marimuthu
S/o. Shanmugasundaram,
No.11M/5, Bharathiyar 5th Street,
Sankarankovil,
Tenkasi District.
2. Sankar
S/o.Avudaiyappan,
No.546/1, Thiruppur Kumaran Nagar,
Sankarankovil,
Tenkasi District.
3. Arumugam
S/o.Muppidathi,
No.658, Thiruppur Kumaran Nagar,
Sankarankovil,
Tenkasi District.
..Petitioner(s)
Vs
1. State Of Tamilnadu Rep By Inspector Of Police, Sankarankovil Town Police Station, Tenkasi District.
Crime No. 808/2025.
2. M.Prabha
Sub-Inspector of Police,
Sankarankovil Town Police Station,
Tenkasi District.
..Respondent(s)
CRL OP(MD) No. 23982 of 2026
PRAYER: This petition filed under section 528 of BNSS., to call for the records pertaining to the impugned FIR in Crime No.808 of 2025 on the file of the 1st respondent police dated 07.12.2025 and quash the same in sofar as the petitioners are concerned and to allow this petition.
For Petitioner(s):
Mr.Karthigaivel A
For Respondent(s):
M/s. P. Vetrivel, Government
Advocate (crl. Side) For R1
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ORDER
The present petition has been filed by A63, A197, A250 in Cr.No. 808 of 2025, wherein the petitioners are alleged to have committed offences under Sections 189(2) and 293 of BNS, 2023.
2. Perusal of the FIR reveals that 257 persons belonging to Hindu Munnani are said to have unlawfully assembled at about 4.00 p.m., on 07.12.2025, and they raised the slogans as against the State Government for not taking steps for lighting lamps at Tirupparankundram Hill during Karthigai Festival.
3. According to the learned counsel appearing for the petitioners, they belong to an Organisation and they protested as against the policies of the State Government for not lighting the Karthigai
CRL OP(MD) No. 23982 of 2026 Festival at Tirupparankundram Hill and they have not committed any offence.
4. Heard the learned counsels appearing for the petitioners and perused the materials available on record.
5. As could be seen from the FIR, the petitioners and 256 others are said to have unlawfully assembled and raised the slogans as against the State Government for not lighting the Deepam at Tirupparankundram Hills during Karthigai Festival. The same cannot be considered to be a criminal offence, especially when there is no allegation of any inconvenience to the general public or damage to public property. It is only a form of democratic protest as against the policies of the State Government. The other accused persons also stand on the same footing.
6. Considering the above said facts, continuation of the criminal proceedings are going to abuse of process of law. Therefore, the FIR in Cr.No.808 of 2025 on the file of the respondent police stands quashed not only as against the petitioner, but also as against the other accused persons.
CRL OP(MD) No. 23982 of 2026
7. In the above terms, this Criminal Original Petition stands allowed. Consequently, connected miscellaneous petition is closed.
16-10-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No PNM To
1. State Of Tamilnadu Rep By Inspector Of Police, Sankarankovil Town Police Station, Tenkasi District. Crime No. 808/2025.
2. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
CRL OP(MD) No. 23982 of 2026 R.VIJAYAKUMAR J. PNM CRL OP(MD) No. 23982 of 2026 AND CRL MP(MD) NO. 22506 OF 2026 16-10-2026