S.Jothimani Vs The State Rep by The Inspector of Police — Madras HC (2026) — LawSathi Research

S.Jothimani Vs The State Rep by The Inspector of Police — Madras HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Final report in C.C.No.2314 of 2025 quashed in its entirety; connected miscellaneous petitions (Crl.MP.Nos.12913 & 12915 of 2026) closed.

Issue for consideration

Whether the final report in C.C.No.2314 of 2025 alleging offences under Sections 143 & 353 IPC against the petitioner for conduct during an election protest should be quashed.

Court's answer

During the election the petitioner and others showed dissent to the actions of election officials by expressing their democratic right to protest; there was no violence, public order remained unaffected and there was no criminal force; when the intention to commit any offence is lacking, the gathering cannot be deemed an unlawful assembly merely because of lack of permission, and mere lack of permission alone cannot be a ground to register the case under Sections 143 & 353 IPC.

Ratio / Principle

The right to assemble and protest peacefully without affecting public order is a fundamental right under Article 19(1)(a) and (b) of the Constitution of India, supported by the Constitution Bench judgments in Kameshwar Prasad and Himat Lal K. Shah, and by Amit Sahni wherein such rights were observed to be respected and encouraged by the state.

Key takeaways

Finding that the offences alleged are not made out and that it would be oppressive on the State to continue the prosecution of the petitioners and others, the criminal original petition stands allowed.ratio¶29

Detailed headnote1 paragraphs

Quashing - Election-time protest - Final report in C.C.No.2314 of 2025 (Judicial Magistrate Court No.7, Coimbatore) under Sections 143 & 353 IPC, arising from Crime No.75 of 2022 (Saibaba Colony Police Station, Coimbatore City) - Petition under Section 528 BNSS disposed of at admission stage without notice to second respondent/de facto complainant - Held: petitioner and others had shown dissent to actions of election officials by expressing their democratic right to protest; there was no violence, public order remained unaffected, and there was no criminal force; when intention to commit any offence is lacking, the gathering cannot be deemed an unlawful assembly merely because of lack of permission, and mere lack of permission alone cannot ground the case under the aforesaid provisions - Right to assemble and protest peacefully without affecting public order is a fundamental right under Article 19(1)(a) and (b) of the Constitution of India, with reference to Kameshwar Prasad v. State of Bihar (1960 SCC Online SC 30), Himat Lal K. Shah v. State (1973 1 SCC 227) and Amit Sahni v. Commissioner of Police (2020 10 SCC 439) - Offences not made out; continuance of prosecution held oppressive - Criminal Original Petition allowed; final report quashed in its entirety; connected miscellaneous petitions closed.

CRL.OP.No.19463 of 2026

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 22-07-2026

CORAM

THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY

CRL.OP.No.19463 of 2026 and CRL.MP.Nos.12913 & 12915 of 2026

S.Jothimani

..Petitioner

Vs

The State Rep. by The Inspector of Police, Saibaba Colony Police Station, Coimbatore City. (Crime No.75 of 2022)

2. K.Karuppathal

..Respondents

Prayer: Criminal Original Petition filed under Section 528 of BNSS, praying to call for the records relating to the criminal case in C.C.No.2314 of 2025 on the file of the Judicial Magistrate Court No.7, Coimbatore and quash the same.

For Petitioner: Mr.N.Manoharan

For Respondents: Mr.M.Mohamed Riyaz, (for R1) Government Advocate (Crl. Side)

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ORDER

CRL.OP.No.19463 of 2026

The prayer in this criminal original petition is to quash the final report in C.C.No.2314 of 2025, pending on the file of the Judicial Magistrate Court No.7, Coimbatore, for the alleged offences under Sections 143 & 353 of the Indian Penal Code (IPC).

2. The prayer sought in this petition is innocuous in nature, and as such, this petition is being disposed of at the admission stage itself, without ordering notice to the second respondent/de facto complainant.

3. Upon considering the materials, it is evident that during the course of the election, the petitioner along with others had shown dissent for the particular actions of the election officials by expressing their democratic right to protest. It is also evident that there was no violence. Public order remained unaffected. There was no criminal force. When the intention to commit any offence is lacking, it cannot be deemed an unlawful assembly merely because of the lack of permission. The mere lack of permission alone cannot be a ground to register the case under the aforesaid provisions.

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CRL.OP.No.19463 of 2026

4. The right to assemble and protest peacefully without affecting

public order is held to be a fundamental right under Article 19(1)(a) and (b) of the Constitution of India. A useful reference in this regard is the Constitution Bench Judgments of the Hon’ble Supreme Court of India in Kameshwar Prasad and others Vs. State of Bihar and another (1960 SCC Online SC 30) and Himat Lal K. Shah Vs. State (1973 1 SCC 227) . The Hon’ble Supreme Court of India, in Amit Sahni (Shaheen Bagh in re) Vs. Commissioner of Police & others (2020 10 SCC 439) , further observed that such rights must be respected and encouraged by the state.

5. Thus, finding that the offences alleged are not made out and that

it would be oppressive on behalf of the State to continue the prosecution of the petitioners and others, this criminal original petition stands allowed.

6. The final report in C.C.No.2314 of 2025, pending on the file of the Judicial Magistrate Court No.7, Coimbatore, stand quashed in its entirety. Connected miscellaneous petitions are closed.

22-07-2026

Neutral Citation: No Sni

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CRL.OP.No.19463 of 2026

D.BHARATHA CHAKRAVARTHY,J.

Sni

To

1.The Judicial Magistrate No.7, Coimbatore.

2.The Inspector of Police Saibaba Colony Police Station, Coimbatore City.

3.The Public Prosecutor, High Court of Madras.

CRL.OP.No.19463 of 2026

22-07-2026

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