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2026 DAILYLAW 55424 (MAD)

Sidhiq @ K.Siddiq v. The State Of Tamilnadu Rep By The Inspector Of Police, Siruganur

CRL OP(MD)/14571/2026 · 2026-07-17

R Vijayakumar

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Crl.O.P(MD) No.14571 of 2026 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 17.07.2026 CORAM: THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR Crl.O.P(MD) No.14571 of 2026 and Crl.M.P(MD) No.14126 of 2026 1. Sidhiq @ K.Siddiq 2. Gulam Dhasthahir @ Gulamthasthakeer 3. Syed Jahir 4. Mohammed Hussain @ Mohamed Hussain 5. Lal Basha 6. Rasoon Moideen @ Rasool Maideen 7. Umar Farooq @ Umar Farook ... Petitioners/ Accused Nos.1 to 7 Vs 1. State Represented by The Inspector of Police, Siruganur Police Station, Trichy District. (In Crime No.42 of 2023) ... 1st Respondent/ Complainant 1/6 https://www.mhc.tn.gov.in/judis Crl.O.P(MD) No.14571 of 2026 2. A.Saravanan S/o. Arulappan Transport Protection Officer, Trichy to Padalur Toll Way Pvt. Limited, Samayapuram Toll Plaza, Trichy District. .... 2nd Respondent/Defacto Complainant PRAYER: Criminal Original Petition is filed under Section 528 of BNSS, 2023, to call for the records pertaining to the impugned FIR in Crime No.42 of 2023 on the file of the respondent police Station Siruganur, Trichy, dated 06.02.2023 and quash the same as illegal so far as the petitioners are concerned. For Petitioners : Mr.SMA. Jinnah For R1 : Mr.G.Ganesh Kumar Government Advocate (Crl.Side) ORDER The present Criminal Original Petition has been filed by the accused persons in Crime No.42 of 2023, on the file of the first respondent police seeking to quash the FIR, wherein they are alleged to have committed offences under Sections 143, 188 and 341 of IPC and Section 4B of the Tamil Nadu Open Places (Prevention of Disfigurement) Act, 1959 and Sections 24 and 37 of the National Highways Act, 1956 2/6 https://www.mhc.tn.gov.in/judis Crl.O.P(MD) No.14571 of 2026 2. A perusal of the FIR reveals that the petitioners have obtained permission for conducting a conference and the allegation as against them is that they have not made arrangements for proper parking of the vehicles. It is further alleged that they have put up Flags and banners on either side of the road. Based upon the above said allegations, the present FIR has been registered as against the organizers of the conference. 3. According to the learned counsel appearing for the petitioners, proper permission has been obtained from the concerned authorities and they cannot be held responsible for, in case, if the vehicles were parked in a hazardous manner by the attendees to the said conference. He further submitted that there is nothing on record to establish that erection of banners and flags on either side of the road caused any inconvenience to the general public. 4. Per contra, the learned Government Advocate (Crl.Side) appearing for the first respondent submitted that the permission was granted to the conference with a condition that they should make arrangements for proper parking of the vehicles. However, no arrangements have been made. He 3/6 https://www.mhc.tn.gov.in/judis Crl.O.P(MD) No.14571 of 2026 further submitted that the flags and banners erected by the petitioners herein caused inconvenience to the general public and also affected the movement of public vehicles. 5. Heard the learned counsel appearing for the petitioners and perused the materials available on record. 6. It could be seen from the FIR that the conference has been arranged after getting proper permission from the concerned authorities. Suddenly, if there is any increase in number of vehicles, the organizers cannot be considered to have committed an offence. As far as the erection of flags and banners are concerned, no proper averments are there with regard to the inconvenience to the general public or damage to public property. 7. In such circumstances, continuation of the criminal proceedings as against the petitioners herein after a period of three years would only be an abuse of process of law and in such circumstances, the FIR in Crime No.42 of 2023 on the file of the first respondent police is quashed. 4/6 https://www.mhc.tn.gov.in/judis Crl.O.P(MD) No.14571 of 2026 8. Accordingly, this Criminal Original Petition is allowed. Consequently connected Miscellaneous Petition is closed. 17.07.2026 NCC : Yes/No Index : Yes / No Internet : Yes / No ebsi To 1. The Inspector of Police, Siruganur Police Station, Trichy District. 2. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. 5/6 https://www.mhc.tn.gov.in/judis Crl.O.P(MD) No.14571 of 2026 R.VIJAYAKUMAR,J. ebsi Crl.O.P(MD) No.14571 of 2026 17.07.2026 6/6 https://www.mhc.tn.gov.in/judis