P.M.Gunasekaran v. State rep by Inspector of Police

Madras HC15 Jul 2026CRL OP/18461/2026

Case brief

AI extract

What is this about?

Madras High Court, D.BHARATHA CHAKRAVARTHY, J., 15-07-2026, CRL.OP.No.18461 of 2026: quashing of final report under Section 528 BNSS; protest against arrest of political party office bearers without permission; offences under Sections 189(2), 285 and 292 BNS; ingredients of public nuisance, obstruction or injury to public way absent; democratic right to protest; STC.No.350 of 2025, Judicial Magistrate Court, Tiruchengode; petitioner/Accused No.34; final report quashed; connected miscellaneous petitions closed; no neutral citation.

What did the court decide?

Final Report No.266 of 2024 dated 21.07.2024 in STC.No.350 of 2025, pending on the file of the Judicial Magistrate Court at Tiruchengode, quashed; connected CRL.MP.Nos.12286 & 12288 of 2026 closed. ¶¶25

P.M.Gunasekaran Vs State rep by Inspector of Police — Madras HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Final Report No.266 of 2024 dated 21.07.2024 in STC.No.350 of 2025, pending on the file of the Judicial Magistrate Court at Tiruchengode, quashed; connected CRL.MP.Nos.12286 & 12288 of 2026 closed.

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Issue for consideration

Whether the Final Report No.266 of 2024 dated 21.07.2024 in STC.No.350 of 2025, pending before the Judicial Magistrate Court at Tiruchengode, is liable to be quashed insofar as the petitioner/Accused No.34 under Section 528 of BNSS. +1 more

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Court's answer

The entire episode was an expression of the petitioner's democratic right to protest and did not amount to any criminal offence; the criminal original petition stands allowed and the Final Report is quashed.

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Ratio / Principle

The petitioner and others merely attempted to protest and were immediately dispersed; the essential ingredients of causing public nuisance, obstruction or injury to any public way or line of navigation are entirely absent, so the primary offences are not made out.

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Key takeaways

Since the primary offences are not made out, the consequential offence under Section 189(2) of the BNS also cannot stand.ratio¶¶24

Detailed headnote1 paragraphs

Criminal Original Petition under S.528 BNSS allowed; Final Report No.266 of 2024 dated 21.07.2024 in STC.No.350 of 2025 (Judicial Magistrate Court, Tiruchengode) quashed as against petitioner/Accused No.34. Allegation: petitioner and others staged a protest against the arrest of office bearers of a political party without formal permission; final report filed for offences under Ss.189(2), 285 and 292 BNS. Held: petitioner and others merely attempted to protest and were immediately dispersed; essential ingredients of causing public nuisance, obstruction or injury to any public way or line of navigation entirely absent; primary offences not made out, and the consequential offence under S.189(2) BNS cannot stand; the episode was an expression of the petitioner's democratic right to protest and not a criminal offence. Connected CRL.MP.Nos.12286 & 12288 of 2026 closed.

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CRL.OP.No.18461 of 2026

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 15-07-2026

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CORAM:

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THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY

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CRL.OP.No.18461 of 2026 and CRL.MP.Nos.12286 & 12288 of 2026

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P.M.Gunasekaran ..Petitioner

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Vs.

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State rep. by The Inspector of Police, Tiruchengode Town Police Station, Tiruchengode, Namakkal District. ..Respondent

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PRAYER: Criminal Original Petition filed under Section 528 of BNSS, praying to call for the records pertaining to Final Report No.266 of 2024 dated 21.07.2024 in STC.No.350 of 2025 on the file of Judicial Magistrate Court at Tiruchengode and to quash the same as illegal insofar as the petitioner/Accused No.34 in the above case.

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For Petitioner: Mr.T.L.Thirumalaisamy For Respondent: Mr.M.Mohamed Riyaz, Government Advocate (Crl. Side)

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__________ Page1 of 4

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https://www.mhc.tn.gov.in/judis

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ORDER

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CRL.OP.No.18461 of 2026

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This criminal original petition has been filed seeking to quash the Final Report No.266 of 2024 dated 21.07.2024 in STC.No.350 of 2025.

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2. Upon perusing the First Information Report (FIR), the materials

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collected during the course of investigation and the final Report, it is seen that the petitioner along with others allegedly joined together to stage a protest against the arrest of the office bearers belonging to a particular political party without obtaining formal permission. Consequently, a case was registered and the final report was filed for the offences under Sections 189(2), 285 and 292 of BNS.

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3. Heard the learned counsel on either side and perused the materials available on record.

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4. According to the allegations, the petitioner and others merely attempted to protest and were immediately dispersed. Therefore, the essential ingredient to make out an offence of causing public nuisance, obstruction or injury to any public way or line of navigation, are entirely absent. Since the primary offences are not made out, the consequential

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__________ Page2 of 4

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https://www.mhc.tn.gov.in/judis

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CRL.OP.No.18461 of 2026

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offence under Section 189(2) of the BNS also cannot stand.

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5. Considering that the entire episode was nothing but an expression of the petitioner’s democratic right to protest and did not amount to any criminal offence, this criminal original petition stands allowed. The Final Report No.266 of 2024 dated 21.07.2024 in STC.No.350 of 2025, pending on the file of the Judicial Magistrate Court at Tiruchengode, is hereby

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quashed. Connected miscellaneous petitions are closed.

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15-07-2026

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Neutral Citation: No Sni

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1.The Judicial Magistrate, Tiruchengode.

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2.The Inspector of Police, Tiruchegode Town Police Station, Tiruchegode, Namakkal District.

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