Nakkeeran v. The State Rep.By, The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 24.04.2025

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.12697 of 2025 Nakkeeran .....

Petitioner Vs The State rep by Inspector of Police, Kuvagam Police Station, Ariyalur District.

.....

Respondent PRAYER: Criminal Original Petition is filed under Section 482 of Criminal Procedure Code, to call for the entire records related to FIR in Crime No.36 of 2022 dated 23.04.2022 on the file of the respondent and quash the same as against the petitioner.

For Petitioner : Mr.P.Parthikannan For R1 : Mr.A.Gopinath Government Advocate (Crl.Side)

O R D E R

This Criminal Original Petition has been filed seeking to quash the FIR registered in Crime No.36 of 2022 on the file of the respondent police.

2. The case of the prosecution is that, on 22.04.2022, while

the respondent police was on a patrol duty, it was found that the petitioner, along with other accused persons, had conducted a cultural programme beyond the permissible time limit and without paying the amount as directed by this Court in W.P.No.9158 of 2022. During the said programme, it is alleged that the petitioner and other accused persons played double meaning songs and communal songs related to Padayatchi Caste, thereby attempting to disturb public tranquillity. Hence, the complaint.

3. The learned counsel appearing for the petitioner submitted that the only allegation against the petitioner is that he conducted the cultural programme without proper permission. He further submitted that the petitioner had paid a sum of Rs.15,000/- by cash to the respondent prior to the event and conducted the programme. Even then the respondent registered an FIR alleging that the petitioner conducted Adal Padal Programme without permission.

4. Heard the learned counsel appearing for the petitioner and the learned Government Advocate (Crl.Side) appearing for the first respondent. Perused the materials available on record.

5. Admittedly, no untoward incident occurred during the

programme. That apart, the petitioner had already filed a writ petition before this Court in W.P.No.9158 of 2022 seeking permission to conduct cultural programme, which was conducted on 22.04.2022. Further, the petitioner had also paid a sum of Rs.15,000/- by cash to the respondent. Therefore, no offence is made out as against the petitioner.

6. In view of the above, the FIR registered in Crime No.36 of 2022 on the file of the respondent police is liable to be quashed. Accordingly, the said FIR is hereby quashed and the Criminal Original Petition stands allowed.

24.04.2025 Index : Yes/No : Yes/No Speaking/non-speaking order Lpp

G.K.ILANTHIRAIYAN, J.

Lpp To

1. The Inspector of Police, Kuvagam Police Station, Ariyalur District.

2. The Public Prosecutor, Madras High Court, Chennai.

Crl.O.P.No. 12697 of 2025 24.04.2025