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Madras High CourtCRL OP/6588/2022allowed

Kumaresan v. Sub Inspector Of Police

2022-03-25Honourable Mr Justice A.D.Jagadish Chandira4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 25.03.2022 CORAM :

THE HONOURABLE MR. JUSTICE A.D.JAGADISH CHANDIRA Crl.O.P.No.6588 of 2022 and Crl.M.P.Nos.3741 & 3743 of 2022 1.Kumaresan 2.Prakash 3.Usha Rani 4.Kuppu 5.Gulasekaran 6.Prasanth 7.Etvart Thomas Danial 8.Dhanalakshmi

...Petitioners

Vs.

1. The State rep by The Sub Inspector of Police, F-1, Chintadaripet Police Station, Chennai 2.

2. The Special Sub Inspector of Police, F-1, Chintadaripet Police Station, Chennai 2.

...Respondents

PRAYER: Criminal Original Petition is filed under Section 482 of Criminal Procedure Code, pleased to call for the records in C.C.No.43 of 2021 on the file of the learned Special Court of Mps, MLAs, Singaravelar Maligai at Chennai and to quash the same in respect of the petitioners (A4, A11, A13, A14, A18, A24, A25 and A30).

For Petitioners : Mr.R.Thirumoorthy For Respondents : Mr.A.Gokulakrishnan Additional Public Prosecutor for R1 No appearance for R2

O R D E R

The Criminal Original Petition has been filed to call for the records in C.C.No.43 of 2021 on the file of the learned Special Court of Mps, MLAs, Singaravelar Maligai at Chennai and to quash the same in respect of the petitioners (A4, A11, A13, A14, A18, A24, A25 and A30).

2.The allegations is that on 08.01.2020, when the defacto complainant was in usual rounds, the accused had formed into unlawful assembly near Tarapore Tower under the leadership of one Mr.Shanmugam, who is the member of parliament, Mr.Thirumavalavan and Ex.M.L.A Sountharajan at about 11 a.m and had raised slogans against the amendment of CAA (Citizenship Amendment Act, 2019 and NRC) and also against the Central Government for complying 15 demands in Labour Law Act to protect Labours, when the respondent police have warned them stating that they have indulged in illegal demonstration in defiance of the promulgatory orders some of them have dispersed and others have obstructed the free flow of traffic.

3.Based on the complaint given by the de-facto complaint, the 1st respondent has registered a case in Crime No.09 of 2020 on 08.01.2020 for the offences under Sections 143 and 341 of IPC and 41 of Tamil Nadu City Police Act.

4.The learned counsel appearing for the petitioners submitted that the petitioners and other accused are citizens of this Country and the Constitution of this Country guarantees its citizens the freedom of speech and expression, assemble peacefully and without arms and to form Associations and to move freely throughout the Territory of India. The petitioners have peacefully assembled and demonstrated without causing any disturbance and they have not involved in any act of violence and even as per the version of the prosecution no untoward incident had happened. He further submitted that this Court in similar matters where demonstrations were made against the policies of the Government had in Crl.OP(MD).No.12438 of 2020 dated 05.11.2020 and Crl.OP(MD).No.4609 of 2021 dated 25.03.2021, had quashed the proceedings thereunder.

The learned counsel for the petitioner further submitted that this Court in those cases found that no offences were made out against the accused therein and had quashed the entire proceedings in respect of all the accused.

(i)Crl.O.P(MD) No.12438 of 2020 dated 05.11.2020, which reads as follows:- "5.Though, there are prima facie materials to

justify the registration of the First Information Report, I am of the view that its continuance is not warranted. This is because no untoward incident had taken place. The country had witnessed protests all over by different sections of people against the said amendments. Since the protest was peaceful and even the First Information Report does not disclose any act of violence or happening of untoward incident, I am of the view that the continued prosecution is not warranted. Quashing the same will secure the ends of justice."

(ii) In Crl.O.P.No.4609 of 2021 dated 25.03.2021, which reads as follows:

"4.It is to be pointed out that no untoward incident had taken place. The petitioner has organized the protest and the First Information Report has not disclosed any act of violence. It must be unequivocally emphasized that the Constitution of India gives its Citizens the right to freedom of speech and expression, assemble peacefully and without arms, to form Association and Unions and to move freely throughout the Territory of India under Article 19(1) (a), (b), © and (d) of the Constitution of India. But the course these rights come with terms and conditions. In the instant case, the protest was peaceful and as already observed no untoward incident took place." 5.The learned Additional Public Prosecutor appearing for the respondents submitted that the petitioners and the other accused by their acts committed public nuisance and interfered with free movement of public and flow of traffic and on the warning given by the de-facto complainant, they have dispersed and some of them were arrested and taken to the Police Station and later let out on bail.

6.Heard the learned counsel appearing for the petitioners as well as the learned Additional Public Prosecutor appearing for the respondents and perused the entire materials available on record.

7.In this instant case, the protest was peaceful and as already observed no untoward incident had taken place. 8.In view of the above, this Court is of the considered view that, continuation of the proceedings as against the petitioners and other accused, is not sustainable and quashing the same will secure the ends of Justice. The proceedings in C.C.No.43 of 2021, on the file of the Special Court of Mps, MLAs,

Singaravelar Maaligai, Chennai, are quashed in respect of the petitioners(A4, A11, A13, A14, A18, A24, A25 and A30). Accordingly, this Criminal Original Petition is allowed. Consequently, connected miscellaneous petitions are also closed. Sd/- Assistant Registrar(CS-VI) //True Copy// Sub Assistant Registrar vkr/rgm To

1. The Special Court of Mps, MLAs Singaravelar Maligai at Chennai.

2. The Sub Inspector of Police, F-1, Chintadaripet Police Station, Chennai 2.

3. The Special Sub Inspector of Police, F-1, Chintadaripet Police Station, Chennai 2.

4. The Public Prosecutor, High Court of Madras.

+1cc to the Public Prosecutor, S.R.No.20585 Crl.O.P.No.6588 of 2022 and Crl.M.P.Nos.3741 & 3743 of 2022 PMK(CO) RGA(05/04/2022) (06/04/2022)