Madras High Court
CRL OP(MD)/22768/2026 of Vinoth Raja Vs State Of Tamilnadu Rep By In on 6 October 2026
CRL OP(MD) No. 22768 of 2026
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 06-10-2026
CORAM
THE HON'BLE MR JUSTICE R.VIJAYAKUMAR
CRL OP(MD) No. 22768 of 2026
CNR:{HCMD011405822026}
and
CRL MP.(MD).Nos.21676 & 21677 of 2026
Vinoth Raja
S/o Sundaramoorthi,
No.25/18/1, Makkas Street,
Devathaapatti Village,
Periyakulam Taluk,
Theni District-622-605.
..Petitioner(s)
Vs
1. State Of Tamilnadu Rep By
Inspector Of Police,
Theni District,
(In Crime No. 242 of 2023).
2. Syed Sholabeer Badusha,
S/o Not Known to the Petitioner,
The Special Sub Inspector of Police,
Periyakulam Police Station,
Theni District.
..Respondent(s)
PRAYER: Criminal Original Petition is filed under Section 528 of BNSS Act, to call for the entire records pertaining to the Impugned Charge Sheet filed in S.T.C. No 234 of 2024 On the file of the Learned Judicial Magistrate Court, Periyakulam and quash the same as against the Petitioner is concerned and pass such further or other orders.
__________
( Uploaded on: 13/10/2026 05:44:47 pm )
CRL OP(MD) No. 22768 of 2026
For Petitioner(s):
Mr.Henri Patrick Tiphange
For Respondent(s):
M/S.P.Samuel Gunasingh
Additional Public Prosecutor
For R1
Citations and Judicial Treatment
Cited by
0
Decisions in the index citing it
Cites
0
Decisions referred to
In this index
0
Of the decisions it cites
Overruled / Questioned
0
No negative treatment found
Loading the citing and cited decisions…
This judgment in the centre: on the left the decisions it cites, on the right the decisions citing it. Colour is the treatment; choose a decision to open it.
ORDER
The present petition has been filed by Accused No. 12 in S.T.C. No. 234 of 2024, pending on the file of the Judicial Magistrate, Periyakulam, seeking to quash the charge sheet filed against the petitioner and 14 others for the offences punishable under Sections 143, 341, 290 and 283 of the Indian Penal Code (IPC).
2. A perusal of the charge sheet reveals that the petitioner and the other accused allegedly assembled unlawfully on 08.08.2023 and raised slogans against the State Government, demanding the incorporation of the provisions of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act in Crime No. 237 of 2023 registered at Periyakulam Police Station, Theni District. __________
( Uploaded on: 13/10/2026 05:44:47 pm )
CRL OP(MD) No. 22768 of 2026
3. According to the learned counsel appearing for the petitioner, the gathering was a form of democratic protest intended to press for the incorporation of the provisions of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act in Crime No. 237 of 2023 registered at Periyakulam Police Station, Theni District, and such a protest cannot, by itself, be construed as a criminal offence.
4. This Court heard the submissions made on either side and perused the materials available on record.
5. It could be seen from the charge sheet that, the petitioner and 14 others are alleged to have unlawfully assembled and raised slogans against the State Government, demanding the incorporation of appropriate provisions of the SC/ST Act in the FIR registered in Crime No. 237 of 2023. Such an act cannot be considered a criminal offence. The other accused persons also stand on the same footing as the petitioner. __________
( Uploaded on: 13/10/2026 05:44:47 pm )
CRL OP(MD) No. 22768 of 2026
6. In such circumstances, the continuation of the criminal proceedings would amount to an abuse of the process of law. Accordingly, the charge sheet in STC No. 234 of 2024, pending on the file of the Judicial Magistrate Court, Periyakulam, is hereby quashed not only insofar as the petitioner is concerned but also as against the other accused persons.
7. With the said observations, this Criminal Original Petition is allowed. Consequently, connected miscellaneous petitions are closed. 06-10-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No gvn __________
( Uploaded on: 13/10/2026 05:44:47 pm )
CRL OP(MD) No. 22768 of 2026 To
1. The Judicial Magistrate Court, Periyakulam
2. The Inspector Of Police, Periyakulam Police Station, Theni District, (In Crime No. 242 of 2023).
3. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. __________
( Uploaded on: 13/10/2026 05:44:47 pm )
CRL OP(MD) No. 22768 of 2026 R.VIJAYAKUMAR, J. gvn CRL OP(MD) No. 22768 of 2026 06-10-2026 __________
( Uploaded on: 13/10/2026 05:44:47 pm )