Research › Search › Judgment

Madras High Court · body

2025 DAILYLAW 195740 (MAD)

Sudha Vennila v. The State Rep. by its The Inspector of Police

CRL OP/29834/2025 · 2025-11-03

A D Jagadish Chandira

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Crl.OP.No.29834 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 03.11.2025 CORAM: THE HON'BLE MR.JUSTICE A.D.JAGADISH CHANDIRA Crl.OP.No.29834 of 2025 and Crl.MP.No.20340 of 2025 1. Sudha Vennila 2. Boopathi 3. Santhi 4. Sakthivel 5. Jegathambal 6. Maragatham 7. Revathi 8. Rajamani @ Asamani 9. Saroja 10. Susila 11. Padma 12. Indhirani 13. Santhi 14. Poongodi 15. Lakshmi 16. Pravin 17. Suresh 18. Roshan 19. Govindaraj 20. Mohan 21. Raja 22. Thirunavukarasu 23. Veeramani 24. Sumathi 25. Priyanka 26. Amutha 1/6 https://www.mhc.tn.gov.in/judis Crl.OP.No.29834 of 2025 27. Shanmugam 28. Pachiyappan 29. Sivakumar 30. Selvam 31. Tamilarasan ...Petitioners Vs. 1. The State rep. by its, The Inspector of Police, Pallipalayam Police Station, Namakkal District. (Crime No.73 of 2025) 2. S.Malarvizhi, The Sub Inspector of Police, Pallipalayam Police Station, Namakkal District. ...Respondents Criminal Original Petition filed under Section 528 of BNSS, 2023 to call for the records a case in C.C.No.136 of 2025 on the file of the Judicial Magistrate, Kumarapalayam and quash the same. For Petitioners : Mr.M.Subash For Respondents : Mr.R.Vinothraja, GA(Crl. Side) ORDER This criminal original petition has been filed seeking quashment of the proceedings in C.C.No.136 of 2025 on the file of the Judicial Magistrate, Kumarapalayam. 2/6 https://www.mhc.tn.gov.in/judis Crl.OP.No.29834 of 2025 2. The case of the prosecution is that on 08.03.2025 at about 06.00 pm, the petitioners, along with other members, had conducted demonstration and road blocking at Pallipalayam four roads bus stop condemning the proposed elite TASMAC liquor shop and for withdrawal of the same by cancelling its license and also intercepted the vehicles, thereby causing disturbance to the public. Therefore, a case in Crime No.73 of 2025 was registered by the respondent Police for the offences under Sections 189(2), 221 and 292 of BNS, subsequently, altered into one of Sections 189(2), 126(2) and 223 of BNS and after completion of investigation, a charge sheet came to be filed against the petitioners before the learned Judicial Magistrate, Kumarapalayam and the same was taken on file in C.C.No.136 of 2025 on 24.03.2025. 3. Learned counsel for the petitioners submitted that the facts of the instant case are similar to the facts of the cases in Jeevanandham and others vs. The Inspector of Police, Velayuthampalayam Police Station, Karur District reported in (2018 2 LW (Crl) 606) and Sri Raja vs Inspector of Police, Sivakasi Town Police Station Virudhunagar District and others (Crl.O.P(MD) No.7922 of 2019, decided on 30.08.2019), in which the 3/6 https://www.mhc.tn.gov.in/judis Crl.OP.No.29834 of 2025 proceedings were quashed. Hence, he prayed to quash the proceedings pending against the petitioners herein as well. 4. Learned Government Advocate (Crl. Side) appearing for the respondent Police endorses the aforesaid submission. 5. In view of the above, this Court is of the opinion that the above said decisions would apply on all fours to the present case and that no useful purpose will be served by keeping the proceedings pending and thereby, the same is liable to be quashed. 6. Accordingly, this criminal original petition stands allowed and the proceedings pursuant to C.C.No.136 of 2025, on the file of the learned Judicial Magistrate, Kumarapalayam is hereby quashed in entirety. Consequently, the connected miscellaneous petition is closed. 03.11.2025 skt Index : Yes/No Speaking order : Yes/No NCC : Yes/No 4/6 https://www.mhc.tn.gov.in/judis Crl.OP.No.29834 of 2025 To: 1. The Judicial Magistrate, Kumarapalayam. 2. The Inspector of Police, Pallipalayam Police Station, Namakkal District. 3. S.Malarvizhi, The Sub Inspector of Police, Pallipalayam Police Station, Namakkal District. 4. The Public Prosecutor, Madras High Court. 5/6 https://www.mhc.tn.gov.in/judis Crl.OP.No.29834 of 2025 A.D.JAGADISH CHANDIRA, J. skt Crl.OP.No.29834 of 2025 and Crl.MP.No.20340 of 2025 03.11.2025 6/6 https://www.mhc.tn.gov.in/judis