M.S.Kandasamy Vs The State Rep By, The Inspector of Police

PRAYER: Criminal Original Petition is filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita/Section 482 Cr.P.C., to call for the records in S.T.C.No.545 of 2025 on the file of the learned Judicial Magistrate No.II, Jayankondam and quash the same as against the petitioner.

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For Petitioners : Mr.M.Vignesh For Respondent : Mr.S.Santhosh Government Advocate (Criminal Side)

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

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Crl.O.P.No.4671 of 2026

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O R D E R

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The present Criminal Original Petition has been filed seeking to quash the proceedings in S.T.C.No.545 of 2025 pending on the file of the learned Judicial Magistrate No.II, Jayankondam.

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2 . The case of the prosecution is that on 27.04.2024, due to the existing dispute between the first petitioner and the Panchayat President with regard to the removal of encroachments on water bodies, the petitioners, along with others, without obtaining any prior permission, unlawfully assembled and staged a protest near Melanikuzhi bus stop on the Kattumannarkovil to Papakudi Main Road, thereby causing public nuisance. Consequently, a case in Crime No.106 of 2024 was registered by the respondent Police for the offences under Sections 143, 341 & 290 IPC. After completion of investigation, the final report was filed before the learned Judicial Magistrate No.II, Jayankondam and the learned Magistrate took cognizance of the same and numbered it as S.T.C.No.545 of 2025, which is now sought to be quashed.

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3 . Learned counsel appearing for the petitioners submitted that the facts of the instant case are similar to the facts of the cases in 2/5

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

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Crl.O.P.No.4671 of 2026

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Jeevanandham and others vs. The Inspector of Police, Velayuthampalayam Police Station, Karur District reported in ( 2018 2 LW (Crl) 606) and Sri Raja vs Inspector of Police, Sivakasi Town Police Station Virudhunagar District and others (Crl.O.P(MD) No.7922 of 2019, decided on 30.08.2019), in which the proceedings were quashed. Hence, he prayed to quash the proceedings pending against the petitioners.

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4 . Learned Government Advocate (Criminal Side) appearing for

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the respondent Police endorsed the aforesaid submission of the learned counsel for the petitioners that the facts of the instant case are akin to the facts in the aforesaid two cases.

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Heard the learned counsel appearing on either side and

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perused the materials available on record.

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In view of the above, this Court is of the opinion that the above said decisions would apply on all fours to the present case and that no useful purpose will be served by keeping the impugned proceedings pending and the same is liable to be quashed.

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

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Crl.O.P.No.4671 of 2026

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Accordingly, the Criminal Original Petition stands allowed

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and the proceedings in S.T.C.No.545 of 2025, pending on the file of the learned Judicial Magistrate No.II, Jayankondam , is hereby quashed in entirety. Consequently, the connected miscellaneous petitions are closed.

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25.02.2026

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ham

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Neutral Citation: Yes/No

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To

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