Crl.OP(MD) No.13968 of 2026 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 10.07.2026 CORAM THE HON'BLE MR.JUSTICE R.VIJAYAKUMAR Crl.OP.(MD)No.13968 of 2026 1. M.Sathiskumar 2. S.Pothis ... Petitioners Vs State of Tamilnadu Rep by Inspector of Police, Sedapatti Police Station, Madurai District. (Crime No. 83 of 2026). ... Respondent PRAYER: Criminal Original Petition is filed under Section 528 of BNSS Act, to call for the records pertaining to the impugned First Information Report in Crime No. 83 of 2026 u/s. 288 of BNS Act dated 28.04.2026 and quash the same as illegal. For Petitioner : Mr.R.Vetrivel For Respondent : Mr.G.Ganesh Kumar Government Advocate (Crl.Side) 1/5 https://www.mhc.tn.gov.in/judis Crl.OP(MD) No.13968 of 2026 ORDER The present petition has been filed by the accused persons in Cr.No.83 or 2026 on the file of the respondent police seeking to quash the FIR, wherein, they are alleged to have committed offence under Sections 288 of BNS Act. 2.Perusal of the FIR reveals that the petitioners, despite warning are said to have bursted crackers. 3.According to the learned counsel appearing for the petitioners, though the petitioners are college students and as a part time job, in a temple festival they were requested by the temple Authorities to burst crackers and they were paid salary by the temple Authorities. They have also enclosed the intivation of the temple. 4.According to the learned counsel appearing for the petitioners, there was no negligence on the part of the petitioners herein and they were engaged only by the temple Authorities for bursting of the crackers. He further submitted that no one was injured while bursting crackers. He also relied upon a 2/5 https://www.mhc.tn.gov.in/judis Crl.OP(MD) No.13968 of 2026 decision of this Court in Crl.OP(MD) No.602 of 2025, dated 15.04.2025, wherein, this Court was pleased to quash a charge sheet laid under Section 188 of BNS on the ground that when the negligence is not specifically mentioned, Section 188 of BNS would not get attracted. 5.Heard the learned counsel appearing for the petitioners and perused the material records. 6.As could be seen from the records the petitioners herein engaged by the temple Authorities for bursting crackers during temple festival, has been charged with the offence under Section 188 of BNS. There is no allegation of any negligence on their part or injury to the general public. 7.Considering the above facts, continuation of the criminal proceedings against the petitioners herein would only be an abuse of process of law. Hence, FIR in Cr.No.83 of 2026 on the file of the respondent police stands quashed. Accordingly, this Criminal Original Petition stands allowed. 10.07.2026 NCC : Yes/No Index : Yes/No Internet: Yes/No PNM 3/5 https://www.mhc.tn.gov.in/judis Crl.OP(MD) No.13968 of 2026 To 1.The Inspector of Police, Sedapatti Police Station, Madurai District. 2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. 4/5 https://www.mhc.tn.gov.in/judis Crl.OP(MD) No.13968 of 2026 R.VIJAYAKUMAR , J. PNM ORDER MADE IN Crl.OP.(MD)No.13968 of 2026 10.07.2026 5/5 https://www.mhc.tn.gov.in/judis