Dharuman v. Inspector of Police

ORDER This criminal original petition has been filed praying to quash the proceedings pending in STC.2355 of 2023 on the file of the Learned Judicial Magistrate No.I, Pollachi.

¶2The case of the prosecution is that on 16.08.2022, when the defacto complainant enquired the grievance of the public in grievance meeting of Gram Sabha of Kondampatty Panchayat, the petitioners intervened the grievance meeting, wherein the 2nd Respondent was scolded by the Petitioners herein with filthy language in front of the Public and Authorities. Aggrieved by the same, the 2nd Respondent lodged complaint against the 1st Petitioner, thereby FIR was registered in Crime No.305 of 2022 for the alleged offence under sections 294 (b) & 506 (i) of IPC. Thereafter, on completion of investigation, the petitioners were arrayed as accused and charges were altered as under sections 294(b), 506(i), 143, 186 & 353 of IPC, pursuant to which the 1st Respondent Police filed charge sheet and the same has been taken cognizance in S.T.C.No.2355 of 2023 on the file of Learned Judicial Magistrate No.1, Pollachi, against which this criminal original petition has been filed.

¶3On perusal of the entire records, it is found that the petitioner while participating in the gram sabha meeting, they asked for some amenities in the village panchayat. Gram sabha meeting was conducted by the second respondent. That apart, they had shown their protest for the gram sabha meeting for the reason some fraudulent things happened and forged resolutions were passed pertaining to establishing electric graveyard. Therefore, the petitioner signed in a representation for taking action against the fraudulent act of establishing electric graveyard in the panchayat which stands as threat to the life of the general public. The petitioners also filed writ petition by way of public interest litigation and obtained order against the fraudulent action of the panchayat administration. Therefore, a false case has been foisted against the protestors and after filing public interest litigation in WP.No.26903 of 2022 before this Court, criminal prosecution has been initiated against the petitioners. That apart, the entire allegations are trivial in nature and no specific allegations are there in the compliant. Further, there is absolutely no piece of evidence to show that the petitioners obstructed the public duty of the second respondent. Therefore, no offence is made out against the petitioners. As such, the entire impugned proceedings is quashed.

¶4In the result, this criminal original petition stands allowed. Consequently, connected miscellaneous petitions are closed.

07.04.2026 Index : Yes/No

: Yes/No Speaking/non-speaking order lok To

1.The Learned Judicial Magistrate No.I, Pollachi

2.State Rep. By The INSPECTOR OF POLICE KINATHUKADAVU POLICE STATION, COIMBATORE District D-4, Steel Plant Police Station, Salem District

3.The Public Prosecutor, High Court of Madras

G.K.ILANTHIRAIYAN, J. lok

07.04.2026

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 07.04.2026 CORAM: THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.22278 of 2023 and Crl.MP.Nos.15488 & 15490 of 2023 1.DHARUMAN 2.DEVARAJ 3.PALANISAMY 4.SENTHILKUMAR.S 5.KANAGARAJ 6.MURUGESAN 7.SUMAN 8.ARAVINDAN @ ARAVINDHASAMY 9.BOOBALAN @ BOOBALAKRISHNAN 10.VADIVEL 11.UTHARARAJ 12.MANIKANDAN 13.NAGARAJ ... Petitioners Vs. 1.State Rep. By The INSPECTOR OF POLICE KINATHUKADAVU POLICE STATION, COIMBATORE District (CRIME NO.305 of 2022) 2.A.JOHARABANU ... Respondents Prayer: Criminal Original petition filed under Section 482 of Cr.P.C. praying to call for the records of the impugned proceedings pending in STC.2355 of 2023 on the file of the Learned Judicial Magistrate No.I, Pollachi and to quash the same. For Petitioners : Mr.W.Camyles Gandhi For Respondents For R1 : Mr.A.Gopinath, Government Advocate(crl.side) For R2 : No appearance