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2026 DAILYLAW 50053 (MAD)

Nanthakumar v. The State rep. By, Inspector of Police

CRL OP/18101/2026 · 2026-07-13

D Bharatha Chakravarthy

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

CRL OP No. 18101 of 2026 __________ Page1 of 5 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 13-07-2026 CORAM THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY CRL OP No. 18101 of 2026 1. Nanthakumar S/o.Rajappan, 6/21, Vellakinar Road, Thudiyalur, Coimbatore North, Coimbatore, Tamil Nadu - 641 034. 2. Elangovan @ Elango S/o.Rangasamy, 2/7, Eswar Park, Thudiyalur, Coimbatore North, Coimbatore, Tamil Nadu - 641 034. 3. Vathsala @ Vatchala C/o.Varadharaj, 43, Eshwar Park, Thudiyalur, Coimbatore, Tamil Nadu - 641 034. 4. Auto Ramesh @ Rameshkumar S/o.Mohan, 2/103, Bharathiyar Street, Thudiyalur, Coimbatore North, Coimbatore, Tamil Nadu - 641 034. 5. Karthik @ Kasiviswanathan K C/o.Kuppusamy, 33/11, Muthusamy Gounder Street, Thudiyalur, Coimbatore North, Coimbatore, Tamil Nadu - 641 034. ..Petitioner(s) Vs https://www.mhc.tn.gov.in/judis CRL OP No. 18101 of 2026 __________ Page2 of 5 1. The State rep. By, Inspector of Police, Thudialur Police Station, Coimbatore City. 2. Kumar Sub Inspector of Police, C-6, Thudiyalur PS, Coimnbatore City. ..Respondent(s) Prayer: This petition is filed under section 528 of BNSS to call for the records relating to the impugned proceedings in CC.No.2857 of 2025 on the file of the Learned Judicial Magistrate Court -I, Coimbatore and QUASH the same and pass such futher or other orders as this Honble Court may deem fit and the circumstances of the case and thus render justices. For Petitioner(s): Ms.P.J.Anitha For Respondent(s): Mr.M.Mohamed Riyaz, Government Advocate ( Crl side) for R1 ORDER The prayer in this Criminal Original petition is filed to quash the CC.No.2857 of 2025 on the file of the Learned Judicial Magistrate Court -I, Coimbatore which is filed for the offences under sections 143,341,353, 286 and 290 of the IPC. 2. It is stated that in the year 2023 without any proper permission the petitioner/accused disturbed the traffic and also burst crackers in an unauthorised manner causing annoyance to the public and they were https://www.mhc.tn.gov.in/judis CRL OP No. 18101 of 2026 __________ Page3 of 5 transporting the Vinayaga Idols in a temple and also was playing loud speakers beyond the permissible decibel level. 3. The learned counsel for the petitioners would submit that during the course of the Vinayaga Chaturthi procession the above allegations are made. 4. The learned Government Advocate would submit that when the procession is permitted by the police with certain restrictions the petitioners have not followed the same, the offence is said to have been committed. 5. I have considered the submissions made by either side and perused the material records of the case. 6. Considering the nature of allegations and the fact that there was no further incident on account of the violations of the petitioners. Considering the peculiar nature of the case and the efflux of time, I am of the view that no useful purpose will be served in continuing the case. Upon query by this Court, the learned counsel for the petitioners undertook to file an affidavit that in the upcoming years the petitioners will duly join the permitted procession and they will not use the loud speakers beyond the decibel permissible and they will only use the clay Vinayaga Statue and not plaster of Paris. https://www.mhc.tn.gov.in/judis CRL OP No. 18101 of 2026 __________ Page4 of 5 7. Let the said affidavit be filed before the Judicial Magistrate Court -I, Coimbatore within a period of one week from today, In view of the undertaking made and finding that for the nature of the offence that is alleged, continuing the prosecution beyond a period of 3 years from the date of occurrence would be oppressive on the accused as such this Criminal original petition stands allowed and the CC.No.2857 of 2025 on the file of the Judicial Magistrate Court -I, Coimbatore is hereby quashed. 13-07-2026 Neutral Citation: Yes/No SMN To. 1. The Inspector of Police, Thudialur Police Station, Coimbatore City. 2. The Judicial Magistrate Court -I, Coimbatore 3. The Public Prosecutor, High Court, Madras https://www.mhc.tn.gov.in/judis CRL OP No. 18101 of 2026 __________ Page5 of 5 D.BHARATHA CHAKRAVARTHY, J. SMN CRL OP No. 18101 of 2026 13-07-2026 https://www.mhc.tn.gov.in/judis