Madras High Court
CRL OP(MD)/23213/2026 of Raja @ Mohamed Raja Vs State Of Tamilnadu Rep By In on 12 October 2026
CRL OP(MD) No. 23213 of 2026
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 12-10-2026
CORAM
THE HON'BLE MR JUSTICE R.VIJAYAKUMAR
CRL OP(MD) No. 23213 of 2026
and Crl.MP(MD) Nos.22015 & 22016 of 2026
CNR:{HCMD011420192026}
1. Raja @ Mohamed Raja
S/o. Mohamed Hanifa,
No.l4B, Alwar Thoppu Street,
Palakkarai,
Tiruchirappalli.
2. Abdullah @ Abdul Rahim
C/o. Tawood Batcha,
No.6, Rejiment Bazaar,
Tennur,
Tiruchirappalli District,
3. M.Abdul Majith
S/o. Mohamed Iqbal,
No,63A, Govinda Konar Street,
Sangilyandapuram,
Tiruchirappalli District.
4. Sagul @ Sahul Ameed
S/o, Mydeen,
No.6, Pudukkottai Main Road,
N.M.L Colony, Tiruchirappalli.
5. John Batcha @ Chan Basha
S/o. Saleem,
No.3, Sathya Nagar,
Airport,
Tiruchirappalli.
6. Salim @ Mohamed Kani
S/o. Syed Abdul Kadar,
No.9, Kaide Millath Street,
Airport,
Tiruchirappalli.
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CRL OP(MD) No. 23213 of 2026
7. Feenix Raja @ Raja Mohamed
S/o. Amurudeen,
No.133, South Muslim Street,
Kamaraj Nagar,
Airport,
Tiruchirappalli District.
..Petitioner(s)
Vs
1. State Of Tamilnadu Rep By Inspector Of Police, Cantonment Police Station,
Trichy City.
(In Crime No. 586 of 2018)
2. Mohamed Ibrahim P
Sub Inspector of Police,
Cantonment,
Trichy City.
..Respondent(s)
PRAYER: This petition is filed under Section 528 of BNSS to call for the records pertaining to the Charge Sheet in C.C. No.526 of 2018 on the file of the learned Judicial Magistrate No.II, Trichy West and quash the same in respect of the Petitioners as illegal.
For Petitioner(s):
Mr.D.S.HAROON RASHEED
For Respondent(s):
M/S. V.SHATHURTHI RAJA,
GOVERNMENT ADVOCATE
(CRL. SIDE) FOR R1
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CRL OP(MD) No. 23213 of 2026
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ORDER
The present petition has been filed by A1 to A7 in CC No. 526 of 2018 on the file of Judicial Magistrate No.II, Tiruchirappalli, seeking to quash the charge sheet, wherein, they are charged with the offence under Sections 143, 341, 290, 285 of IPC and Section 41 of Tamil Nadu City Police Act.
2. Perusal of the charge sheet reveals that the petitioners herein, who belong to Tamil Nadu Muslim Munnettra Kazhagam are said to have unlawfully assembled at about 11.30 AM on 05.04.2018 and raised the slogans as against the Central Government for not forming the Cauvery Management Board, and they are said to have burned the Effigy of a particular political party.
3. According to the learned counsel appearing for the petitioner, it is a form of protest, and therefore, the same cannot be considered to be an offence.
4. Heard the learned counsel appearing for the petitioner and perused the materials available on record. __________
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CRL OP(MD) No. 23213 of 2026
5. As could be seen from the charge sheet, all the witnesses are the Police officials and no general public is shown as a witness. There is no allegation whatsoever that the petitioners have caused any inconvenience to the general public or caused damage to any public property. It was a democratic form of protest.
6. This Court in the Judgment reported in 2015 (4) CTC 317 held that mere burning of an effigy, by itself was not made punishable offence under IPC.
7. In such circumstances, continuation of the criminal proceedings as against the petitioners would only be an abuse of process of law. Therefore, the charge sheet in CC No.526 of 2018 on the file of Judicial Magistrate No.II, Tiruchirappalli stands quashed. Consequently, connected miscellaneous petitions are closed. 12-10-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No PNM __________
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CRL OP(MD) No. 23213 of 2026 To
1. The Judicial Magistrate No.II, Tiruchirappalli
2. The Inspector Of Police, Cantonment Police Station, Trichy City. (In Crime No. 586 of 2018)
3. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. __________
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CRL OP(MD) No. 23213 of 2026 R.VIJAYAKUMAR, J. PNM CRL OP(MD) No. 23213 of 2026 12-10-2026 __________
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