P. Muthukumar v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 05.04.2022 CORAM :

THE HONOURABLE MR. JUSTICE A.D.JAGADISH CHANDIRA Crl.O.P.No.7681 of 2022 and Crl.M.P.No.4402 of 2022 P.Muthukumar ... Petitioner Vs.

1. The State rep by The Inspector of Police, Dharapuram Police Station, Tiruppur District, Crime No.679 of 2019.

2. Karthikeyan The Sub Inspector of Police, Dharapuram Police Station, Tiruppur District.

... Respondents PRAYER: Criminal Original Petition is filed under Section 482 of Criminal Procedure Code, pleased to call for the entire records pursuant to the case in S.T.C.No.97 of 2020 on the file of the Judicial Magistrate, Dharapuram and quash the same. For Petitioner :

Mr.K.Sudhakar For Respondents :

Mr.A.Gokulakrishnan Additional Public Prosecutor

O R D E R

The Criminal Original Petition has been filed to call for the records in S.T.C.No.97 of 2020 on the file of the learned Judicial Magistrate, Dharapuram and to quash the same. 2.The allegations is that on 11.12.2019 at about 17.40 hours, while the respondents/de-facto complainants were in usual rounds, the accused had formed into unlawful assembly near Anna Statue Tower belongs to Congress party without any permission from the authority and had raised slogans against the amendment of CAA ( Citizenship Amendment Act, 2019 and NRC) and hiking of

prices, when the respondents 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 respondents have registered a case in Crime No.679 of 2019 on 12.12.2019 for the offences under Sections 143 and 341 of IPC.

4.The learned counsel appearing for the petitioner submitted that the petitioner 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 petitioner has peacefully assembled and demonstrated without causing any disturbance and he has 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. The learned counsel for the petitioner also relied on the relevant portion of the order of this Court in : (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 petitioner 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 petitioner 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 petitioner is not sustainable and quashing the same will secure the ends of Justice. The proceedings in S.T.C.No.97 of 2020 on the file of the Judicial Magistrate, Dharapuram, are quashed. Accordingly, this Criminal Original Petition is allowed. Consequently, connected miscellaneous petition is also closed. Sd/- Assistant Registrar(CS-VI) //True Copy// Sub Assistant Registrar vkr/nr

To

1. The Judicial Magistrate, Dharapuram.

2. The Inspector of Police, Dharapuram Police Station, Tiruppur District, Crime No.679 of 2019.

3. Karthikeyan The Sub Inspector of Police, Dharapuram Police Station, Tiruppur District.

4. The Public Prosecutor, High Court of Madras.

+1cc to M/s.K.Sudhakar, Advocate, S.R.No.23270 Crl.O.P.No.7681 of 2022 and Crl.M.P.No.4402 of 2022 SKM(CO) SU(22/04/2022)