K.Murugan v. State Rep.By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 07.01.2021

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Crl.O.P.No.19588 of 2020 and Crl. M.P. No. 7947 of 2020 K.Murugan

...Petitioner

Vs.

1. State Represented by Inspector of Police Adiyamankottai Police Station Dharmapuri District.

(Crime No. 63/2019) 2.S.Rajendran

...Respondents

Prayer: This Criminal Original Petition filed under Section 482 Cr.P.C. to quash the proceedings in FIR in Cr.No.63 of 2019 on the file of the respondent as far as the petitioner/A4 is concerned.

For Petitioner : Mr.K.Suresh For Respondents : Mr.C.Raghavan R1 Government Advocate (Crl. Side)

ORDER

This petition has been filed seeking to quash the FIR registered by the respondent police as against 16 persons for an offences under Section 143, 341 and 505(1)(b) of IPC and Section 143 of IPC and Section 7(1)(a) of Criminal Law Amendment Act, 2005.

2.The FIR came to be registered on the ground that the accused persons had involved in conducting a protest near the bus stand, without permission, by demanding for certain reliefs on behalf of JACTO-GEO.

3.Heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing on behalf of first respondent police.

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

4.Taking into consideration of the facts and circumstances of the case and also the fact that the petitioner and the other accused persons were only demanding for their lawful rights, this Court is of the considered view that the registration of an FIR is an abuse of process of law. The offence that is extracted in the FIR is not made out against the petitioner. 5.In the result, the FIR in Crime No.63 of 2019, on the file of the 1st respondent police, is quashed insofar as the petitioner is concerned and accordingly this Criminal Original Petition is allowed.

Sd/- Assistant Registrar(CS-III) // True Copy// Sub Assistant Registrar rli To 1.The Inspector of Police Adiyamankottai Police Station Dharmapuri District.

2.The Public Prosecutor, High Court of Madras.

+1cc to Mr.K.Suresh, Advocate, SR.No.1198 Crl.O.P.No.19588 of 2020 and Crl.MP.No.7917 of 2020 AK(CO) KKV/05/02/2021 https://hcservices.ecourts.gov.in/hcservices/