Madras High Court
Visweswaran @ Viswa vs The State Of Tamilnadu on 2 December, 2025
Crl.OP(MD)No.22007 of 2025
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED :02.12.2025
CORAM
THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI
Crl.O.P.(MD).No.22007 of 2025
and
CRL MP(MD)Nos.18922 and 18923 of 2025
Visweswaran @ viswa
... Petitioner / Accused No.3
Vs.
1.The State of Tamilnadu,
Rep. by The Sub Inspector
of Police,
Thilagar Thidal Police Station,
Madurai City.
(Crime No.933 of 2023) ... Respondent No.1 /
Complainant
2.V.Mayan
... Respondent No.2 /
Defacto complainant
Prayer: Criminal Original Petition is filed under Section 528 of
BNSS, 2023, to call for the records relating to the proceedings in
S.T.C.No.6333 of 2024 on the file of the learned Judicial Magistrate
No.II, Madurai, dated 07.12.2023 and quash the same in so far as
the petitioners are concerned.
For Petitioner : Mr.M.Prabhakaran
For R-1 : Mr.M.Sakthi Kumar,
Government Advocate (Crl. side)
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Crl.OP(MD)No.22007 of 2025
ORDER
This Criminal Original Petition has been filed seeking to quash the final report filed in S.T.C.No.633 of 2024 on the file of the learned Judicial Magistrate No.II , Madurai, insofar as the petitioner is concerned.
2.The prosecution case, as seen from the final report, is that on 26.11.2023 at about 6.00 p.m., the petitioner arrayed as A3 along with 25 other persons, allegedly gathered at North Masi Street, Madurai, without obtaining prior permission from the competent authorities. It is alleged that they held placards and banners containing the photograph of Thiru Prabhakaran, the deceased leader of the banned organisation LTTE, and raised slogans describing him as the “pride” and “treasure” of the Tamil community, purportedly celebrating his 69th birthday.
3.It is further alleged that the group caused inconvenience to the public and obstructed traffic movement during peak evening hours by displaying life-size photographs and flex banners on both 2/9 https://www.mhc.tn.gov.in/judis ( Uploaded on: 02/01/2026 12:56:35 pm ) Crl.OP(MD)No.22007 of 2025 sides of the street. Based on these allegations, the respondent police registered a suo motu FIR in Crime No.933 of 2023 for offences under Sections 147, 341, 290 IPC and Section 4(1) of the Tamil Nadu Open Places (Prevention of Disfigurement) Act, 1959, which correspond to Sections 191, 126, 292 BNS.
4.The petitioner contends that the entire criminal proceedings have been initiated with malafide intent and that he, his father, and his brothers have been unnecessarily roped into the criminal case without any credible evidence.
Submissions:
5.The learned counsel for the petitioner submits that the respondent police conducted the investigation in a mechanical manner without examining a single independent witness. There is no observation mahazar to identify the place of occurrence, nor any recovery of the alleged placards or flex banners.
6.It is further argued that the ingredients of the offence of rioting under Section 147 IPC are wholly absent, as there is no 3/9 https://www.mhc.tn.gov.in/judis ( Uploaded on: 02/01/2026 12:56:35 pm ) Crl.OP(MD)No.22007 of 2025 allegation of use of force by the accused persons. Similarly, no material is available to constitute the offence of wrongful restraint under Section 341 IPC or public nuisance under Section 290 IPC.
7.The learned counsel for the petitioner submits that the fixation of a flex board per se is not an offence under the 1959 Act, unless the prosecution proves that it was erected in a prohibited place. No material is produced to show the exact location of the alleged disfigurement.
8.It is urged that the final report is solely based on the statements of police officials under Section 161 Cr.P.C., 1973, with no corroboration from the general public. Therefore, continuation of the proceedings would amount to an abuse of process.
9.The petitioner is stated to be a young first-generation graduate and the sole breadwinner of his family, aspiring to secure employment abroad. The pendency of the criminal prosecution severely affects his career prospects. In the absence of any evidence 4/9 https://www.mhc.tn.gov.in/judis ( Uploaded on: 02/01/2026 12:56:35 pm ) Crl.OP(MD)No.22007 of 2025 connecting him to the alleged incident, the impugned proceedings deserve interference.
10.The learned Government Advocate (Crl.Side) submits that the investigation was conducted in accordance with law and sufficient materials were collected to proceed against the accused persons. He prays for dismissal of the petition.
11.Heard the learned counsels on either side and carefully perused the materials available on record.
Point for determination:
12.Whether the materials collected during investigation prima facie disclose the commission of any offence by the petitioner warranting continuation of the criminal proceedings in S.T.C.No.633 of 2024?
Analysis:
13.A careful perusal of the final report shows that the alleged unlawful assembly consisted of 25 persons. However, the 5/9 https://www.mhc.tn.gov.in/judis ( Uploaded on: 02/01/2026 12:56:35 pm ) Crl.OP(MD)No.22007 of 2025 prosecution has not examined any independent witness to corroborate the allegation. The entire case rests solely on the statements of police officials.
13.The offence of rioting under Section 147 IPC requires proof of force or violence used by an unlawful assembly. Even accepting the prosecution case at its face value, there is no allegation of any use of force or violence by the petitioner or the other accused.
14.For an offence under Section 341 IPC, specific victims must be identified who were allegedly restrained. No such person has been examined or even named. Similarly, for Section 290 IPC, the prosecution must show that members of the public were annoyed; the investigation papers do not contain any such material.
15.As regards the offence under the Tamil Nadu Open Places (Prevention of Disfigurement) Act, 1959, the prosecution has not produced any material showing the exact location where the flex banner was erected. The absence of an observation mahazar or recovery completely undermines the case.
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16.The continuation of a criminal prosecution in the absence of foundational facts not only violates the settled principles under Section 528 BNSS, but also results in harassment of the accused. The Hon'ble Supreme Court has consistently held that where the uncontroverted allegations do not disclose the essential ingredients of the offence, the criminal proceedings deserve to be quashed.
17.In the present case, the allegations, even if accepted in toto, do not satisfy the statutory requirements of the offences invoked. Proceeding with the criminal trial would therefore amount to an abuse of the process of law.
18.Hence, it is the considered view of this Court that the materials collected during the investigation do not disclose any prima facie case against the petitioner. The continuation of proceedings in S.T.C.No.633 of 2024 against him would be oppressive and unwarranted.
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19.In view of the foregoing discussion, this Court is satisfied that this is a fit case to exercise inherent powers under Section 528 BNSS, to secure the ends of justice.
20.Accordingly, this Criminal Original Petition is allowed. The final report filed in S.T.C.No.633 of 2024 on the file of the learned Judicial Magistrate, Madurai, arising out of Crime No.933 of 2023, is quashed insofar as the petitioner is concerned. Consequently, connected miscellaneous petitions, if any, are closed.
02.12.2025
NCC : Yes / No
Index : Yes / No
Internet : Yes/ No
Sml
To
1.The Judicial Magistrate No.II,
Madurai.
2. The Sub Inspector
of Police,
Thilagar Thidal Police Station,
Madurai City.
3. The Additional Public Prosecutor,
Madurai Bench of Madras High Court,
Madurai.
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Crl.OP(MD)No.22007 of 2025
L.VICTORIA GOWRI, J.
Sml
CRL OP(MD)No.22007 of 2025
02.12.2025
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