The Madurai Bench of the Madras High Court has quashed criminal proceedings initiated against six individuals accused of canvassing voters near a polling booth during the 2021 Tamil Nadu Assembly elections. The Court held that even if the allegations were accepted at face value, the prosecution had failed to establish the essential ingredients required to constitute the offences alleged.
Background of the Case
The case arose from an incident allegedly occurring on April 6, 2021, near a polling station in Athiramapattinam, Thanjavur district. According to the prosecution, the accused entered a prohibited zone near the polling booth and canvassed voters during polling hours.
The complaint was lodged by a police officer deployed on election security duty. Based on his complaint, an FIR was registered under various provisions of the Indian Penal Code, including rioting, use of obscene language, obstruction of a public servant, and criminal intimidation, along with provisions of the Representation of the People Act, 1951. Following investigation, a charge sheet was filed before the Judicial Magistrate Court at Pattukottai.
Petitioners Challenge Prosecution
The accused approached the High Court seeking quashing of the proceedings. They argued that the case was politically motivated and based entirely on statements of police personnel.
Their counsel contended that no independent witness, voter, polling official, or Presiding Officer had supported the prosecution's version. It was further argued that the records did not clearly establish that the accused were actually within the prohibited 100-metre radius of the polling station.
Court's Observations
After examining the FIR, final report, and materials placed before it, the Court found several deficiencies in the prosecution case.
Justice L. Victoria Gowri observed that the allegations did not disclose the essential elements of rioting because there was no accusation of force or violence. The Court noted that the mere presence of multiple persons near a polling booth could not automatically amount to an unlawful assembly.
Addressing the allegation of obscene language, the Court pointed out that neither the FIR nor the final report specified the exact words allegedly used.
On the charge of obstructing a public servant, the Court said there was no allegation of assault or criminal force. Referring to Supreme Court precedents, the Court observed that a verbal altercation alone would not attract the offence.
The Court further noted,
“The allegations, even if accepted in entirety, only indicate verbal protest or resistance,” adding that such assertions fell short of the statutory requirements for the offence alleged.
The bench also found that the alleged threats were described in vague terms without particulars showing any intention to cause alarm.
Investigation Found Deficient
The Court highlighted the absence of independent witnesses, lack of testimony from polling officials, and failure to produce material demonstrating how the prohibited distance had been measured.
“The entire prosecution therefore rests solely upon interested police witnesses without independent corroboration,” the Court observed while discussing the evidentiary shortcomings in the case.
Decision
Concluding that the allegations failed to satisfy the statutory ingredients of the offences invoked, the High Court held that continuation of the criminal proceedings would amount to an abuse of the judicial process.
Accordingly, the Court allowed the petition and quashed the proceedings in C.C. No.698 of 2025 pending before the Judicial Magistrate, Pattukottai, insofar as they concerned the petitioners.
Case Details:
Case Title: Pitchai & Ors. v. State of Tamil Nadu & Anr.
Case Number: Crl.O.P.(MD) No.2792 of 2026
Judge: Justice L. Victoria Gowri
Decision Date: 01 June 2026
