BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.07.2026 CORAM THE HON'BLE MR.JUSTICE R.VIJAYAKUMAR Crl.O.P.(MD)No.5414 of 2026 and Crl.M.P(MD)Nos.5835 & 5836 of 2026 1. Nagoor Meerasa 2. Kalith 3. Beemash Ushain @ Muhamathu Ushain ...Petitioners Vs 1. State of Tamilnadu, Rep by Inspector of Police, Kalakkad Police Station, Tirunelveli District, Crime No.310/2018 2. Rameshwaran ...Respondents PRAYER: Criminal Original Petition is filed under Section 528 of BNSS Act, to call for the records pertaining to the charge sheet in CC.No.392 of 2019 on the file of the learned Judicial Magistrate, Nanguneri and quash the same as illegal. 1/5 https://www.mhc.tn.gov.in/judis For Petitioners : M/s.K.Navaneetharaja For Respondents : M/s.G.Ganesh Kumar Government Advocate(crl.side) for R1 No appearance for R2 ORDER The defacto complainant was served through Court on 10.04.2026 and the name is printed in the cause list and there is no representation either in-person or through Counsel. 2. The present petition has been filed by the accused persons in C.C.No. 392 of 2019, on the file of the learned Judicial Magistrate, Nanguneri, seeking to quash the charge sheet wherein the petitioners are charged with the offences under Sections 341, 294(b), 153 and 506(ii) of IPC. 3. As per the charge sheet, the defacto complainant and others, who belong to a political party were in the process of erecting the flag poles of the political party in order to identify the route for the National Secretary of the political party. At that point of time, the accused persons who belong to a different political party are said to have abused the defacto complainant and removed the flag poles and threatened the defacto complainant. 2/5 https://www.mhc.tn.gov.in/judis 4. According to the learned Counsel appearing for the petitioner, there was no wrongful restraint and the abusive words have not been specifically mentioned. He further submitted that the defacto complainant or his political party members were not attacked and there is no injury. 5. I have considered the submissions made on either side and perused the materials available on record. 6. As could be seen from the charge sheet, there was a dispute between two political groups in erecting flag poles during political party's meeting and in the said altercation, there was no wrongful restraint or any attack made against the defacto complainant, and in such circumstances, continuation of the criminal proceedings would only be an abuse of process of law. 7. In such view of the matter, charge sheet in C.C.No.392 of 2019, on the file of the learned Judicial Magistrate, Nanguneri, stands quashed. Accordingly, this Criminal Original Petition stands allowed. Consequently, connected miscellaneous petitions are also closed. 07.07.2026 NCC : Yes/No Index : Yes/No Internet: Yes/No MSA 3/5 https://www.mhc.tn.gov.in/judis To 1. The learned Judicial Magistrate, Nanguneri. 2. The Inspector of Police, Kalakkad Police Station, Tirunelveli District. 3. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. 4/5 https://www.mhc.tn.gov.in/judis R.VIJAYAKUMAR , J. MSA Crl.OP.(MD)No.5414 of 2026 07.07.2026 5/5 https://www.mhc.tn.gov.in/judis