Jabarulla v. State Rep.By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 20.03.2024

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH CRL.O.P No.6633 of 2024 and CRL.M.P No.4866 of 2024 1.Jabarulla 2.Jabakar Sadik @ A.Sahubar Sathik 3.Sadik @ M.A.Sathik

...Petitioners

Vs.

The State rep. by The Sub Inspector of Police, Redhills, Police Station, Chennai.

(Crime No.688 of 2021)

...Respondents

PRAYER : Criminal Original Petition filed under Section 482 of Criminal Procedure Code, to call for the records in Crime No.688 of 2021 dated 10.6.2021 on the file of the respondent police and quash the same.

For Petitioner : Mr.A.Rajamohamed For Respondents : Mr.A.Damodaran Additional Public Prosecutor

ORDER

This criminal original petition has been filed to quash the FIR in Crime No.688 of 2021 pending investigation on the file of the respondent police. 1/4

2.There was a protest done by the accused persons questioning the drawing of the ground water illegally by a private entity. Such protest cannot be categorized as an unlawful assembly. The facts of the present case can be brought within the scope of Section 95 of IPC.

3.The facts of this case is covered by the reported Judgment of this Court in 2018 2 LW (Crl) 606 [Jeevanandham and others Vs. State Rep. by Inspector of Police and another]. Accordingly, the Crime No.688 of 2021 pending on the file of the respondent, is hereby quashed in entirety and the Criminal Original Petition is allowed. Consequently, connected miscellaneous petition is closed. 20.03.2024 Index: Yes/No Speaking order/Non-speaking Order ssr To 1.The Sub Inspector of Police, Redhills, Police Station, Chennai.

2.The Public Prosecutor, High Court, Madras.

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N.ANAND VENKATESH, J ssr CRL.O.P No.6633 of 2024 and CRL.M.P No.4866 of 2024 20.03.2024 4/4