Justice GK Ilanthiraiyan noted that the men had not shown any criminal force or committed any mischief or crime or tried to take possession of property or wrongfully restrained someone. Thus, finding no reason to continue the prosecution, the court quashed the case against them.

“The accused had not shown any criminal force to commit any mischief, crime or any offence or by way of criminal force or tried to take possession of the property or right to use of incorporeal right which is in possession of enjoyment of others or rights. That apart, there are also no ingredients in the charge sheet to attract the offence under Section 126(2) of BNS,” the court said.

The court was hearing a petition filed by 14 persons seeking to quash the case pending against them before the Judicial Magistrate, Gudalur.

The prosecution's case was that on October 5, 2025, at 6:00 pm, the men had unlawfully gathered and raised slogans in support of Palestinian people and against the genocide perpetrated against them. An FIR was registered for offences under Sections 189(2) (unlawful assembly) and 126(2) (wrongful restraint) of the BNS, and the Magistrate had taken cognisance of the offences.

The men argued that they were innocent and had not committed any offence. It was argued that the case was registered without any basis.

The police, on the other hand, argued that the investigation was almost completed and the police had also filed the final report.

The court noted that while jurisdiction under Section 482 should be exercised sparingly, if the court finds that the material collected by the prosecution, taken as a whole, would not constitute any offence, directing parties to undergo trial will be a futile exercise and it will infringe their rights.

In the present case, the court noted that the ingredients to attract the alleged offences were absent. Thus, the court allowed the plea and quashed the criminal case.

Counsel for Petitioners: Mr. I. Abdul Basith

Counsel for Respondent: Mr. R. Ganesh Kumar, Counsel for Government of Tamil Nadu

Case Title: PP Mohamed and Others v State

Citation: 2026 LiveLaw (Mad) 441

Case No: CRL OP No 24299 of 2026