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Madras High CourtCRL OP/4675/2021allowed

S.Kalyani v. State Rep By

2021-03-12Honourable Mr Justice N. Anand Venkatesh4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 12.03.2021

CORAM

THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH Crl.O.P No.4675 of 2021 and Crl.MP Nos.2991 & 2993 of 2021 Kalyani S.

.. Petitioner Vs.

1.The State,Rep. by The Inspector of Police, J5, Sastri Nagar Police Station, Besant Nagar, Chennai - 600 090.

Crime No.839 of 2019.

2.Palavesam.K.

Inspector of Police, J5, Sastri Nagar Police Station, Besant Nagar, Chennai - 600 090.

.. Respondents PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for the records in CC.No.761 of 2020 pending on the file of the learned IX Metropolitan Magistrate Court, Saidapet, Chennai, quash the same. For Petitioner : M/s.B.Poongkhulali For Respondents : Mr.M.Mohamed Riyaz Additional Public Prosecutor

ORDER

This petition has been filed seeking to quash the proceedings in C.C.No.761 of 2020 pending on the file of the IX Metropolitan Magistrate Court, Saidapet, Chennai. 2.

The respondent police on completion of investigation have filed a final report before the Court below against five accused persons for an offence under Section 143, 341 of IPC r/w. Section 41 (VI) of the City Police Act. 3.

Heard the learned counsel for the petitioner and learned Government advocate, appearing on behalf of respondent.

4.

It is seen from the final report as well as the statement recorded from the witnesses that the petitioners had staged a protest against the amendment to the Citizenship Amendment Act. No offence has been made out and that apart,

the Government has taken a policy decision to withdraw the case against the protesters involved in the protest against the Citizenship Amendment Act, except in cases where it involves violence.

5.

In view of the above, no useful purpose will be served in keeping the proceedings pending in in C.C.No.761 of 2020, dt.30.07.2020 on the file of IX Metropolitan Magistrate Court, Saidapet, Chennai, is hereby quashed.

4.

This criminal original petition is accordingly allowed. Consequently, the connected miscellaneous petitions are closed. 12.03.2021 Index : Yes/No Internet : Yes/No rka

N. ANAND VENKATESH, J.

rka To 1.The Inspector of Police, J5, Sastri Nagar Police Station, Besant Nagar, Chennai - 600 090.

2. The Public Prosecutor, High Court, Madras.

Crl.O.P No.4675 of 2021 12.03.2021