K. Murugnantham v. State Rep By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 27.05.2022
CORAM
THE HONOURABLE MR. JUSTICE D.BHARATHA CHAKRAVARTHY Crl.O.P No.12800 of 2022 and Crl.M.P.Nos.6973 & 6974 of 2022 K.Muruganantham .. Petitioner vs.
State rep.by The Inspector of Police, Vridhachalam Police Station, Cuddalore District.
(Cr.No.717 of 2017) ..Respondent PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for the records pertaining to the charge sheet laid down in S.T.C.No.1363 of 2019, pending on the file of the Judicial Magistrate No.1, Vridhachalam and quash the same.
For Petitioner : Mr.A.Suresh Sakthi Murugan For Respondent : Mr.A.Damodaran, Additional Public Prosecutor.
ORDER
This Criminal Original Petition is filed to quash the proceedings in S.T.C.No.1363 of 2019, pending on the file of Judicial Magistrate No.1, Vridhachalam.
2. The allegation against the petitioner is that they pasted the posters demanding the withdrawal of CCA, NRC, NPR. This Court already has laid down in the Judgment in "Pavayi Vs. The State represented by the Sub Inspector of Police, Thiruchengode Town Police Station and another" (Crl.O.P.No.20346 of 2019 dated 30.07.2019) has held that in respect of such cases, prior permission under Section 155 of Cr.P.C., from the learned Magistrate is mandatory and proceedings to the contrary https://hcservices.ecourts.gov.in/hcservices/
are liable to be quashed. In the instant case also investigation is being proceeded without obtaining any such prior permission. Mr.A.Damodaran, learned Additional Public Prosecutor is unable to give any valid answer in respect of the said contention on behalf of the petitioner.
3. In that view of the matter, this Criminal Original Petition is allowed and the proceedings in S.T.C.No.1363 of 2019 on the file of the Judicial Magistrate No.1, Vridhachalam is quashed.
Consequently, connected Criminal Miscellaneous Petitions are closed.
Sd/- Deputy Registrar(CS) //True copy// Sub Assistant Registrar shk/kp To
1. The Judicial Magistrate No.1 Vridhachalam.
2. The Inspector of Police, Vridhachalam Police Station, Cuddalore District.
3. The Public Prosecutor, Madras High Court.
+1cc to Mr.A.Suresh Sakthi Murugan, Advocate SR.No.31936 Crl.O.P No.12800 of 2022 and Crl.M.P.Nos.6973 & 6974 of 2022 GMR(CO) GMY(23/06/2022) https://hcservices.ecourts.gov.in/hcservices/