Madras High CourtCRL OP/12795/2022allowed

K. Muruganantham v. The Sub Inspector Of Police

2022-05-27Honourable Mr Justice D.Bharatha Chakravarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 27.05.2022

CORAM

THE HONOURABLE MR. JUSTICE D.BHARATHA CHAKRAVARTHY Crl.O.P No.12795 of 2022 and Crl.M.P.No.6969 of 2022 K.Muruganantham .. Petitioner/Accused No.1 vs.

State rep. By, The Sub Inspector of Police, Virudhachalam Police Station, Cuddalore District.

(Crime NO.1979 of 2020) ..Respondent/Suo Moto Complainant PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for the records pertaining to the First Information Report in Crime No.1979 of 2020, pending on the file of respondent police and quash the same.

For Petitioner : Mr.A.Suresh Sakthi Murugan For Respondents: Mr.A.Damodaran Additional Public Prosecutor.

ORDER

The Criminal Original Petition has been filed to quash the FIR in Crime No.1979 of 2020, pending on the file of the respondent.

2.It is seen that the First Information Report is registered for the alleged offences under Sections 143, 188 and 270 of IPC. Already this Court has categorically held that there cannot be a registration of an FIR for the offence under Section 188 as per the judgment in Jeevanandham vs State reported in 2018 2 LW (Crl.) 606 . As far as the offence under Section 143 is concerned, the same relates to the democratic protest and this Court in the above said judgment of the Jeevanandam as well as the order in Crl.OP.No.17903 of 2021 as held that the continuation of the investigation in respect of democratic protest would amount to abuse of process of law. The learned Additional Public Prosecutor cannot dispute the said legal position.

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3. In that view of the same, this Criminal Original Petition is allowed and the FIR in Crime No.1979 of 2020, on the file of the respondent is quashed. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(Vacation Officer) //True Copy// Sub Assistant Registrar kp/shk To 1.The Sub Inspector of Police, Virudhachalam Police Station, Cuddalore District.

2. The Public Prosecutor, Madras High Court.

+1 cc to Mr.A.Suresh Sakthi Murugan, Advocate Sr.NO. 31937 Crl.O.P No.12795 of 2022 and Crl.M.P.No.6969 of 2022 jp II(CO) A.SK(02/06/2022) https://hcservices.ecourts.gov.in/hcservices/