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.12796 OF 2022 AND CRL.MP.NO.6970 OF 2022 K.Muruganantham .. Petitioner vs.

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

(Crime No.860 of 2020) ..Respondent 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.860 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.860 of 2020, pending on the file of the respondent.

https://hcservices.ecourts.gov.in/hcservices/

2. It is seen that the First Information Report is registered for the alleged offences under Sections 143, 188 & 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.

3. In that view of the same, this Criminal Original Petition is allowed and the FIR in Crime No.860 of 2020, on the file of the respondent is quashed.

Consequently, connected miscellaneous petition is closed.

Sd/- 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.

+1cc to Mr.A.Suresh Sakthi Murugan, Advocate, S.R.No.31935 Crl.O.P No.12796 of 2022 and Crl.MP.No.6970 of 2022 AD(CO) PM/02/06/2022 https://hcservices.ecourts.gov.in/hcservices/