Court rules continuation of criminal proceedings as abuse of process of law; FIR quashed against petitioner and other accused
In a significant judgment, the Madras High Court's Madurai Bench has quashed an FIR filed against M. Senthoorvelan and others for their involvement in a peaceful protest, marking a notable victory for democratic rights. Justice R. Vijayakumar presided over the case, with the decision announced on August 7, 2026.
The petitioner, M. Senthoorvelan, a law student, along with members of a Student Association, was accused under Sections 143, 341, and 290 of the Indian Penal Code (IPC) following a protest against a conference aimed at eradicating Sanatana Dharma. Despite warnings from police officials, the protestors allegedly blocked the road, causing public inconvenience.
The petitioner's counsel argued that the protest was peaceful and democratic, without any damage to public property, and that the lack of a charge sheet over the past three years indicated an absence of substantive grounds for prosecution. The government's counsel confirmed that while a charge sheet was prepared, it had not been filed.
In its judgment, the court highlighted the peaceful nature of the protest and the absence of any public property damage. Justice Vijayakumar emphasized that continuing criminal proceedings in such circumstances would be an abuse of the legal process. Consequently, the court quashed the FIR not only against the petitioner but also against the other accused individuals.
This ruling underscores the judiciary's commitment to upholding democratic rights, affirming that peaceful protests cannot be criminalized absent substantive legal grounds.
Bottom Line :
Peaceful and democratic protest without causing damage to public property cannot be considered an offence under Sections 143, 341, and 290 IPC. Continuation of criminal proceedings in such cases would amount to abuse of process of law.
Statutory provision(s): Sections 143, 341, 290 of the Indian Penal Code, 1860
M. Senthoorvelan v. State of Tamil Nadu, (Madras)(Madurai Bench) : Law Finder Doc id # 2965152
