M.R Vijaya Baskar v. The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 16.02.2024

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH And Crl.M.P(MD) No.1212 of 2024 1.M.R.Vijaya Baskar 2.Thiruvika 3.K.P.Munusamy 4.C.Seenivasan @ Dindigul Seenivasan 5.R.Viswanathan @ Natham Viswanathan 6.P.Thangamani 7.N.S.K.Krishnan 8.Chinnasamy 9.Nedunsezhiyan 10.Kamalakannan 11.Jeyaraj @ VCK Jeyaraj ... Petitioners Vs.

1.State rep. by The Inspector of Police, Karur Town Police Station, Karur District.

(Crime No.7 of 2023) 2.Ravindran ... Respondents Prayer:

Petition filed under Section 482 of Cr.P.C., seeking to call for the records relating to the charge sheet in S.T.C.No.3625 of 2023 pending before the Judicial Magistrate No.I, Karur and quash the same as against the petitioners.

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For Petitioners : Mr.J.Senthil Kumaraiah For Respondents : Mr.K.M.D.Muhilan for R1 Government Advocate (Crl. Side)

O R D E R

This petition has been filed to quash the proceedings pending in S.T.C.No.3625 of 2023 pending on the file of the Judicial Magistrate No.I, Karur.

2.The case of the prosecution is that on 02.01.2023 at about 6p.m., the accused persons had conducted a public meeting without permission and had caused inconvenience to the public and also to the free movement of the vehicular traffic. Based on the complaint given by the second respondent, an F.I.R. came to be registered in Crime No.7 of 2023. On completion of investigation, the final report has been filed before the Court below and the same has been taken cognizance for offence under Sections 143 and 341 of I.P.C. 3.It is seen from the records that the meeting itself was conducted pursuant to the permission that was given by this Court in W.P.(MD) No.29244 of 2022 by order dated 28.12.2022 and the consequent permission that was granted by the Deputy Superintendent of Police, Karur.

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4.In view of the above, the gathering cannot be termed as unlawful assembly. The offence under Section 341 of I.P.C. is also not made out. The continuation of the criminal proceedings will amount to abuse of process of law which requires the interference of this Court in exercise of its jurisdiction under Section 482 of Cr.P.C. 5.In the light of the above discussion, the proceedings in S.T.C.No.3625 of 2023 on the file of the learned Judicial Magistrate No.I, Karur, is hereby quashed.

6.This criminal original petition is allowed. Consequently, the connected miscellaneous petition is closed.

16.02.2024 pri Index: Yes/ No Speaking Order: Yes/ No NCC: Yes/ No 3/4

N.ANAND VENKATESH,J.

pri To 1.The Judicial Magistrate No.I, Karur.

2.The Inspector of Police, Karur Town Police Station, Karur District.

(Crime No.7 of 2023) 3.The Public Prosecutor, High Court of Madras, Chennai 600 104.

And Crl.M.P(MD) No.1212 of 2024 16.02.2024 4/4