CRL.OP.No.18454 of 2026 __________ Page1 of 4 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 15-07-2026 CORAM: THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY CRL.OP.No.18454 of 2026 and CRL.MP.Nos.12281 & 12284 of 2026 P.M.Gunasekaran ..Petitioner Vs. State rep. by Inspector of Police, Tiruchengode Town Police Station, Tiruchengode, Namakkal District. ..Respondent PRAYER: Criminal Original Petition filed under Section 528 of BNSS, praying to call for the records pertaining to Final Report No.40 of 2025 dated 09.03.2025 in STC.No.351 of 2025 on the file of Judicial Magistrate Court at Tiruchengode and to quash the same as illegal insofar as the petitioner/Accused No.9 in the above case. For Petitioner: Mr.T.L.Thirumalaisamy For Respondent: Mr.M.Mohamed Riyaz Government Advocate (Crl. Side) https://www.mhc.tn.gov.in/judis CRL.OP.No.18454 of 2026 __________ Page2 of 4 ORDER The prayer in this criminal original petition is to quash the Final Report No.40 of 2025 dated 09.03.2025 in STC.No.351 of 2025, pending on the file of the Judicial Magistrate Court at Tiruchengode. 2. Upon perusing the First Information Report (FIR), the materials collected during the course of investigation and the final report, it is observed that the allegation against the petitioner is that the petitioner along with others committed the offence while condemning the arrest of the office bearers of the particular organization, who had been arrested earlier for proceeding towards Abirami Amman Temple. Consequently, the case was registered and the final report was filed for the offences under Sections 189(2) and 126(2) of the BNS. 3. Heard the learned counsel on either side and perused the materials available on record. 4. According to the allegations, the petitioner and others merely attempted to stage a protest and were immediately dispersed. It cannot be said that any wrongful restraint was caused by them. When the offence of https://www.mhc.tn.gov.in/judis CRL.OP.No.18454 of 2026 __________ Page3 of 4 wrongful restraint under Section 126(2) of the BNS is not made out, the offence of unlawful assembly under Section 189(2) of the BNS is naturally also not attracted. 5. Considering that the entire facts and circumstances of the case, it is evident that the act was nothing but an expression of the petitioner’s democratic right to protest, without any intention to commit an offence. As such, this criminal original petition stands allowed. The Final Report No.40 of 2025 dated 09.03.2025 in STC.No.351 of 2025 pending on the file of the Judicial Magistrate Court at Tiruchengode, is hereby quashed. Connected miscellaneous petitions are closed. 15-07-2026 Neutral Citation: No Sni To 1.The Judicial Magistrate, Tiruchengode. 2.The Inspector of Police, Tiruchegode Town Police Station, Tiruchegode, Namakkal District. 3.The Public Prosecutor, High Court of Madras. https://www.mhc.tn.gov.in/judis CRL.OP.No.18454 of 2026 __________ Page4 of 4 D.BHARATHA CHAKRAVARTHY, J. Sni CRL.OP.No.18454 of 2026 15-07-2026 https://www.mhc.tn.gov.in/judis