Basheer Mohammed @ Vannai Bashir v. Inspector Of Polic E
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 26.02.2025
CORAM:
THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN and Crl.M.P.No.3507 of 2025
1. Basheer Mohammed @ Vannai Bashir
2. Mupthi Mujahadhul Islam Kasim
3. Syed Nayamuthulla
4. Syed Rafi Basha @ Gold Rafi
5. Ejas
6. Mohammed Arifulla
7. Mohammed Ali @ Mechanic Ali
8. Mubeena Banu
9. Shahin
10. Dasthageer ... Petitioners Vs The Inspector of Police, H1, Washermenpet, Police Station, Chennai - 600 021.
(Crime No.215 of 2020) ... Respondent PRAYER: Criminal Original Petition is filed under Section 482 of Cr.P.C/ 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, to call for the records relating to the FIR Crime No.215 of 2020 on the file of Respondent police and quash the same.
For Petitioners : Mr.G.Mohan For Respondent : Mr.A.Gopinath Government Advocate (Crl.side)
ORDER
This Criminal Original Petition has been filed to quash the FIR in Crime No.215 of 2020 on the file of Respondent police.
2. Heard the learned counsel appearing on either side and perused the materials placed on record.
3. The First Information Report has been registered as against the petitioners alleging that they have unlawfully assembled on 12.03.2020 at Kannan Roundana, Sajja Munusamy Street, VijayaRaghavalu Junction, Washermenpet, Chennai without any prior permission to protest against the Citizenship Amendment Bill, NPR, Demonetization and other issues.
4. It is seen that the respondent is both the informant and the Investigating Officer in this case. The informant should not serve as the Investigating Officer, as a fair investigation cannot be conducted by someone who is also a party to the complaint. A fair investigation is the cornerstone of a fair trial, and therefore, the informant and the Investigating Officer should not be the same person. That apart, the Citizenship Amendment Bill was withdrawn
by the Government through G.O.(MS).No.368, Home (Courts-IV) Department, dated 04.09.2021. Therefore, no purpose would be served in the First Information Report registered in Crime No.215 of 2020. In view of the above, the FIR in Crime No.215 of 2020 cannot be sustained and is liable to be quashed. Accordingly, the FIR in Crime No.215 of 2020 on the file of the respondent is hereby quashed.
5. With the above directions, this Criminal Original Petition stands allowed. Consequently, connected Miscellaneous petition is closed. 26.02.2025 (1⁄4) Internet:Yes Index:Yes/No Speaking/Non speaking order mn
G.K.ILANTHIRAIYAN. J, mn To
1. The Inspector of Police, H1, Washermenpet, Police Station, Chennai - 600 021.
2. The Public Prosecutor, High Court, Madras.
26.02.2025