Madras High Court
CRL OP(MD)/23428/2026 of Prabhu Deva Vs State Of Tamilnadu Rep By In on 14 October 2026
CRL OP(MD) No. 23428 of 2026
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 14-10-2026
CORAM
THE HON'BLE MR. JUSTICE R.VIJAYAKUMAR
CRL OP(MD) No. 23428 of 2026
CNR:{HCMD011441582026}
AND
CRL MP(MD) Nos. 22136 & 22137 of 2026
Prabhu Deva
S/o.Deivaraj,
No.6/149/1, Katta Kootam Patty, Silukuvarpatty, Nilakottai,
Dindigul District.
..Petitioner(s)
Vs
1. State Of Tamilnadu Rep By Inspector Of Police, Nilakottai Police Station,
Crime No 25/2023.Dindigul
2. Sivakumar
S/o.Koothan,
Village Administrative Officer, Silukuvarpatty Village, Nilakottai Taluk, Dindigul District.
..Respondent(s)
PRAYER: Criminal Original Petition is filed under Section 528 of BNSS Act, to call for the records in S.T.C.No.445 of 2023 on the file of Learned Judicial Magistrate Court, Nilakottai and quash the same as against the Petitioners herein and pass such further or other orders.
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CRL OP(MD) No. 23428 of 2026
For Petitioner(s)
: Mr.Riyas Ahamed
For Respondent(s)
:M/s. P. Samuel Gunasingh,
Addl. Public Prosecutor
For R1
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ORDER
The present petition has been filed by the fifth accused in S.T.C. No. 445 of 2023, pending on the file of the learned Judicial Magistrate, Nilakottai, seeking to quash the charge sheet filed against him for the offences punishable under Sections 147, 341 and 188 of the Indian Penal Code (IPC).
2. A perusal of the charge sheet reveals that the petitioner herein, who belongs to a political party, along with others, allegedly blocked the road using two vehicles to protest against the illegal sale of liquor in the locality. The alleged act caused inconvenience to the general public and disrupted public transportation.
3. According to the learned counsel appearing for the petitioner, the petitioner and others staged the protest to condemn the Government's failure to initiate action against those engaged in the illegal sale of liquor in the locality. It is contended that such a protest cannot, by itself, be construed as a criminal offence. __________
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CRL OP(MD) No. 23428 of 2026
4. The learned Counsel appearing for the petitioner also relied upon the order passed by this Court in Crl.OP.(MD).No.9601 of 2023, wherein the FIR as against one of the accused persons has been quashed by this court on 05.06.2023.
5. Heard the submissions made on either side and perused the materials available on record.
6. As could be seen from the charge sheet, the only allegation against the petitioner and the other accused is that they staged a protest against the State Government for its failure to initiate action against those engaged in the illegal sale of liquor in the locality. Such a protest, by itself, cannot be construed as a criminal offence.
7. In such view of the matter, continuation of the criminal proceedings as against the petitioner herein would only be an abuse of process of law. Therefore, the charge sheet in STC.No.445 of 2023 on the file of the learned Judicial Magistrate, Nilakottai is quashed as against the petitioner herein. __________
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CRL OP(MD) No. 23428 of 2026
8. With the said observations, this Criminal Original Petition stands allowed. Consequently, connected miscellaneous petitions are closed. 14-10-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No gvn __________
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CRL OP(MD) No. 23428 of 2026 To
1. The Judicial Magistrate, Nilakottai.
2. The Inspector of Police, Nilakottai Police Station, Dindigul District.
3. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. __________
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CRL OP(MD) No. 23428 of 2026 R.VIJAYAKUMAR J. gvn CRL OP(MD) No. 23428 of 2026 14-10-2026 __________
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