Case Note & Summary
The case involves a criminal original petition filed under Section 482 of the Code of Criminal Procedure, 1973, by 21 petitioners seeking quashing of the final report in S.T.C.No.526 of 2025 pending before the Judicial Magistrate, Tirukoilur. The petitioners were accused of offences under Sections 189(2) and 126(2) of the Bharatiya Nyaya Sanhita, 2023, corresponding to Sections 143 and 341 of the Indian Penal Code, 1860. The prosecution alleged that the petitioners, without prior police permission, conducted a protest regarding the death of one Arif in a road accident, which was allegedly caused by a person who had consumed alcohol from a nearby TASMAC shop. It was further alleged that they obstructed traffic and refused to move despite police warnings. The petitioners contended that they assembled peacefully to voice their grievance against the death and to demand shifting of the TASMAC shop, and that no violence or untoward incident occurred. They relied on the precedent in Jeevanandhan and Others vs. The Inspector of Police, Velayuthampalayam Police Station, Karur District, (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), where similar proceedings were quashed. The respondent State opposed the petition. The court, after hearing both sides, found that the protest was peaceful and without any violence. It held that continuing the proceedings would be an abuse of the process of law and accordingly quashed the final report and all proceedings in S.T.C.No.526 of 2025. The connected miscellaneous petitions were closed.
Headnote
A) Criminal Procedure Code - Quashing of Proceedings - Section 482 CrPC - Peaceful Assembly - The petitioners assembled to protest against the death of Arif in a road accident allegedly caused by a person who consumed alcohol from a TASMAC shop, and demanded shifting of the shop. No untoward incident or violence occurred. The court held that continuing proceedings would be an abuse of process of law and quashed the final report. (Paras 1-5) B) Bharatiya Nyaya Sanhita, 2023 - Unlawful Assembly - Sections 189(2) and 126(2) - Peaceful Protest - The court found that the assembly was peaceful and without any common object to commit violence or cause obstruction. The mere gathering to voice a grievance does not constitute an unlawful assembly under Section 189(2) BNS, nor does it amount to wrongful restraint under Section 126(2) BNS. (Paras 2-5) C) Precedent - Quashing of Proceedings - Jeevanandhan and Others vs. The Inspector of Police - (2018) 2 LW (Crl) 606 - The court relied on this precedent where similar facts led to quashing of proceedings, holding that peaceful protest without violence cannot be criminalized. (Para 3)
Issue of Consideration
Whether the final report against the petitioners for offences under Sections 189(2) and 126(2) of the Bharatiya Nyaya Sanhita, 2023, can be quashed when the protest was peaceful and no violence occurred.
Final Decision
The court allowed the Criminal Original Petition and quashed the final report and all proceedings in S.T.C.No.526 of 2025 pending on the file of the Judicial Magistrate, Tirukoilur. The connected miscellaneous petitions were closed.
Law Points
- Right to peaceful protest
- Quashing of criminal proceedings
- Sections 189(2) and 126(2) BNS
- 2023
- No unlawful assembly without common object
- No wrongful restraint without obstruction
