Gnanaprakash v. The State Rep.By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 01.03.2024

CORAM

THE HONOURABLE MR.JUSTICE N. ANAND VENKATESH Crl.O.P.No.4942 of 2024 and Crl.M.P.No.3581 of 2024 1.Gnanaprakash 2.Sivayamaiyam 3.Ayisha 4.Malar 5.Sujatha 6.Jameela 7.Rani Priya 8.Jeevarathinam ... Petitioners Vs.

The State Rep. by The Inspector of Police, Gudalur Police Station, Nilgris District.

... Respondent PRAYER: Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure, to call for the records and quash the proceedings in STC.No.256 of 2021 on the file of the Judicial Magistrate, Gudalur. 1/4

For Petitioner : Mr.G.Arunsekaran For Respondent : Mr.A.Gopinath Government Advocate (Crl. Side)

O R D E R

This criminal original petition has been filed to quash the proceedings in STC.No.256 of 2021 pending on the file of the Judicial Magistrate, Gudalur. 2.The case of the prosecution is that the accused persons formed together as an unlawful assembly near the Gudalur Bus stand on 31.10.2018 at about 01.30 p.m. and started protesting against the State Government. Thereby, they caused disturbance to the general public as well as to the movement of the vehicles. Even though, they were requested to disperse from the place, they did not budge. Hence, an FIR came to be registered in Crime No.749 of 2018. On completion of the investigation, final report has been filed as against 184 accused persons. 3.Heard the learned counsel for the petitioners and the learned Government Advocate (Crl. Side) appearing on behalf of the respondent. 4.The accused persons in this case are the State Government employees and they had some grievance against the Government and the same has resulted in the registration of the FIR and the filing of the final report. By making a protest raising a 2/4

grievance may not be called as an unlawful assembly. The facts of the present case can be brought within the scope of Section 95 of IPC. No useful purpose will be served in continuing further with the case considering the facts of the present case. 5.In the light of the above, proceedings in STC.No.256 of 2021 pending on the file of the Judicial Magistrate, Gudalur, is hereby quashed in entirety. 6.Accordingly, this criminal original petition stands allowed. Consequently, connected miscellaneous petition is closed.

01.03.2024 Index: Yes/No Internet: Yes/No ssr To 1.The Judicial Magistrate, Gudalur.

2.The Inspector of Police, Gudalur Police Station, Nilgris District.

3.The Public Prosecutor, High Court of Madras, Chennai.

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N.ANAND VENKATESH,J.

ssr Crl.O.P.No.4942 of 2024 and Crl.M.P.No.3581 of 2024 01.03.2024 4/4