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.12797 of 2022 and Crl.M.P.No.6971 of 2022 K.Muruganantham
...Petitioner/Accused No.1
vs.
State rep. By, The Sub Inspector of Police, Virudhachalam Police Station, Cuddalore District.
...Respondent/Suo Moto Complainant
(Cr.No.1812 of 2020) 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.1812 of 2020, pending on the file of respondent police and quash the same.
For Petitioner :
Mr.A.Suresh Sakthi Murugan For Respondent :
Mr.A.Damodaran Additional Public Prosecutor.
ORDER
The Criminal Original Petition has been filed to quash the FIR in Crime No.1812 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 147, 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 https://hcservices.ecourts.gov.in/hcservices/
protest would amount to abuse of process of law. The learned Additional Public Prosecutor cannot dispute the said legal position.
3. In that view of the same, this Criminal Original Petition is allowed and the FIR in Crime No.1812 of 2020, on the file of the respondent is quashed.
Consequently, connected miscellaneous petition is closed.
-s/dAssistant Registrar //True Copy// Sub-Assistant Registrar kp/shk To 1.
The Inspector of Police, Virudhachalam Police Station, Cuddalore District.
2.
The Public Prosecutor, Madras High Court.
Crl.O.P No.12797 of 2022 and Crl.M.P.No.6971 of 2022 JP-II(CO) RN(02/06/2022) https://hcservices.ecourts.gov.in/hcservices/