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2026 DAILYLAW 47887 (MAD)

M.Karthikeyan v. The State of Tamilnadu, Rep. by The Superintendent of Police

CRL OP(MD)/13592/2026 · 2026-07-08

R Vijayakumar

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Crl.O.P.(MD).No.13307 of 2026 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 06.07.2026 CORAM: THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR Crl.O.P(MD)No.13307 of 2026 and Crl.M.P(MD) No.13012 of 2026 Rajaram ... Petitioner/ Accused Rank Not Known Vs The State of Tamil Nadu Represented by The Inspector of Police, Avaniyapuram Police Station, Madurai City. Crime No.506 of 2025 ... Respondent/ Complainant PRAYER: Criminal Original Petition is filed under Section 528 of BNSS, 2023, to call for the records and quash the FIR in Crime No.506 of 2025, dated 07.10.2025 on the file of the Inspector of Police, Avaniyapuram Police Station, Madurai City and pass such other order or orders as this Court may deem fit. For Petitioner : Mr.K.Pratap Sudarsan For R1 : Mr.G.Ganesh Kumar Government Advocate (Crl.Side) 1/5 https://www.mhc.tn.gov.in/judis Crl.O.P.(MD).No.13307 of 2026 ORDER The present Criminal Original Petition has been filed by 59th accused in Crime No.506 of 2025, on the file of the respondent police seeking to quash the FIR, wherein he is alleged to have committed offence under Sections 189 (2), 292 and 126 of BNS, 2023. 2. A perusal of the FIR reveals that the petitioner, along with 180 persons, are said to have unlawfully assembled and blocked the road for initiating action as against some unknown persons who had damaged the statue of the former Chief Minister. 3. According to the learned counsel appearing for the petitioner, the petitioner has democratically protested as against the inaction on the part of the government in not taking action as against those who have damaged the statue of a former Chief Minister. It was a democratic protest and there was no inconvenience to any of the general public or damage to the public properties. 2/5 https://www.mhc.tn.gov.in/judis Crl.O.P.(MD).No.13307 of 2026 4. Heard the learned counsel appearing for the petitioner and perused the materials available on record. 5. It could be seen from the FIR, A1 to A11 are members and office bearers of the political party. And one of them is an MLA. They have protested as against the inaction on the part of the government in initiating action as against those unknown persons, who have damaged the statue of the former Chief Minister. There is no allegation whatsoever of any damage to the public property. They have assembled in the road at 10.30 a.m and they were arrested at 11.00 am. Therefore, there is no inconvenience to the general public also. 6. In such circumstances, this Court is of the considered opinion that continuation of the criminal proceedings as against the petitioner would only be an abuse of law and therefore, the FIR in Crime No.506 of 2025, on the file of the respondent police is hereby quashed. 3/5 https://www.mhc.tn.gov.in/judis Crl.O.P.(MD).No.13307 of 2026 7. Accordingly, this Criminal Original Petition is allowed. Consequently connected Miscellaneous Petition is closed. 06.07.2026 NCC : Yes/No Index : Yes / No Internet : Yes / No ebsi To 1. The Inspector of Police, Avaniyapuram Police Station, Madurai City. 2. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. 4/5 https://www.mhc.tn.gov.in/judis Crl.O.P.(MD).No.13307 of 2026 R.VIJAYAKUMAR,J. ebsi Crl.O.P(MD)No.13307 of 2026 06.07.2026 5/5 https://www.mhc.tn.gov.in/judis