Pakthan @ Bakthavatchalan v. State Rep. By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 13.02.2024

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH CRL.O.P No.1793 of 2024 and CRL.M.P Nos.1254 & 1260 of 2024 1.Pakthan @ Bakthavatchalan 2.Pakthavatchalam @ Bakthavatchalan @ Bakthan 3.Munusamy 4.Sridhar 5.Barath Kumar

...Petitioners

Vs.

The State Rep. by:

The Inspector of Police, F4, Thousand Lights Police Station, Chennai.

...Respondent

PRAYER : Criminal Original Petition filed under Section 482 of Criminal Procedure Code, to call for the records pertaining to the charge sheet in C.C.No.7408 of 2017 on the file of the XIV Metropolitan Magistrate Court, Egmore, Chennai and quash the same.

For Petitioner : Mr.A.Jagadeeswari For Respondent : Mr.A.Gopinath Government Advocate 1/4

ORDER

This criminal original petition has been filed to quash the charge sheet in C.C.No.7408 of 2017 on the file of the XIV Metropolitan Magistrate Court, Egmore, Chennai.

2.The petitioners seems to have got together and have agitated against some article that was published in a weekly magazine Ananda Vikatan. As a result, the police had informed the petitioners that they cannot conduct the agitation without getting proper permission. In spite of the same, the petitioners continued to make their protest. As a result, there was disruption to traffic and also to the movement of the general public.

3.Taking into consideration the facts and circumstances of the case and the materials that have been placed before this Court, the object for which the agitation was made cannot be considered to be unlawful and the petitioners were only protesting regarding some article that was published in a magazine. The facts of the case can be brought in to the scope of Section 95 of IPC. No useful purpose will be served in proceeding further with the case. 2/4

4.In the result, proceedings in C.C.No.7408 of 2017 pending on the file of the XIV Metropolitan Magistrate Court, Egmore, is hereby quashed and this criminal original petition stands allowed. Consequently, connected miscellaneous petitions are closed.

13.02.2024 Index: Yes/No Internet: Yes/No ssr To 1.The XIV Metropolitan Magistrate Court, Egmore, Chennai. 2.The Inspector of Police, F4, Thousand Lights Police Station, Chennai.

3.The Public Prosecutor, High Court, Madras.

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N.ANAND VENKATESH, J ssr CRL.O.P No.1793 of 2024 and CRL.M.P Nos.1254 & 1260 of 2024 13.02.2024 4/4