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2026 DAILYLAW 52797 (MAD)

Dayalan v. The Sub-Inspector of Police,

CRL OP/18660/2026 · 2026-07-16

D Bharatha Chakravarthy

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

CRL OP No. 18660 of 2026 __________ Page1 of 4 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 16-07-2026 CORAM THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY CRL OP No. 18660 of 2026 Dayalan, S/o. Perumal, No.2/16, Road Street, Soraiyur Village, Arcot, Ranipet District – 632 318. ..Petitioner(s) Vs The Sub-Inspector of Police, Valapandal Police Station, Valapandal, Ranipet District. (Cr.No.194 of 2016) ..Respondent(s) Prayer: Criminal Original Petition filed under Section 528 of BNSS, to call for the records in Crime No. 194 of 2016, Dated 11.09.2016, on the file of the respondent and quash the same and pass any other order or orders as this Honble Court may deem fit and proper in the circumstances of the case and thus render Justice. For Petitioner(s): MR.V.TAMIZH SELVAN For Respondent(s): MR.R.RAJASEKARAN COUNSEL FOR GOVERNMENT OF TAMIL NADU (CRIMINAL SIDE) https://www.mhc.tn.gov.in/judis CRL OP No. 18660 of 2026 __________ Page2 of 4 ORDER The prayer in the Criminal Original Petition is to quash the Crime No.194 of 2016 on the file of the respondent Police. 2. It can be seen that the when the petitioner and others joined together and made a protest, the case is registered under Sections 142 & 188 of Indian Penal Code. As far as Section 188 is concerned, already this court in Jeevanandham and Others Vs. State rep. By the Inspector of Police and another reported in 2018 (2) LW Crl.606 has held that straight away an FIR cannot be registered. In the absence of the same, the other offence also cannot stand. The gist of allegations only point out towards an expression of the democratic right to protest and there was no other violence or threat to public order. 3. In view thereof, this Criminal Original Petition is allowed. The FIR in Crime No.194 of 2016 on the file of the respondent Police shall stand quashed in its entirety, against the other accused also. 16-07-2026 Neutral Citation: No KKN https://www.mhc.tn.gov.in/judis CRL OP No. 18660 of 2026 __________ Page3 of 4 To 1. The Sub-Inspector of Police, Valapandal Police Station, Valapandal, Ranipet District. 2.The Public Prosecutor, High Court of Madras, Chennai. https://www.mhc.tn.gov.in/judis CRL OP No. 18660 of 2026 __________ Page4 of 4 D.BHARATHA CHAKRAVARTHY, J. KKN CRL OP No. 18660 of 2026 16-07-2026 https://www.mhc.tn.gov.in/judis