Madras High CourtCRL OP/19318/2022allowed

A.Shanmuganathan v. The State Rep By Its,

2024-01-10Honourable Mrs Justice T.V.Thamilselvi4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 10.01.2024

CORAM:

THE HON'BLE MRS.JUSTICE T.V.THAMILSELVI CRL.OP No. 19318 of 2022 & Crl.MP.No. 12717 of 2022 1 A.SHANMUGANATHAN ...petitioner Vs.

1 THE STATE REP BY ITS THE INSPECTOR OF POLICE ANNUR POLICE STATION ANNUR COIMBATORE DISTRICT CR.NO.1403 OF 2020.

2 KUTT @ RAJENDRAN S/O.MURUGAN NO.230/68 THENNAMPALAYAM ROAD ANNUR COIMBATORE DISTRICT.

...Respondents

PRAYER : This petition has been filed under Section 482 of Cr.P.C , to

call for the records relating to the FIR in Cr.No.1403 of 2020 dated 21.07.2020 on the file of the 1st respondent quash the same. For Petitioner : Mr.V.Elangovan For Respondent: S.Vinoth Kumar Government Advocate (Crl.side)

ORDER

The petitioner herein filed this petition to call for the records relating to the FIR in Cr.No.1403 of 2020 dated 21.07.2020 on the file of the 1st respondent quash the same.

2. The case of the prosecution is that the petitioner uploaded a post in Facebook by outraging the Hind Religious and also defamed the resputation of the Prime Minister of India.

3. When the matter is taken up for hearing the learned counsel for the petitioner submits that the petitioner is law graduate due to this FIR the petitioner is not able to enroll him before Bar Council of Tamil Nadu. Further, the petitioner pleaded unconditional apology for his act and also agreed that he would not post this kind of posts in further. On the other side, the Government Advocate (crl. side) submits that the petitioner there is no previous case pending against the future.

4. On seeing the facts of the case, the petitioner is law graduate and he is not able to enroll him before the Bar council of Tamil Nadu due to this case. Considering the future of the petitioner and also there is no previous case against the petitioner, this Court is inclined to quash the FIR in Crime No. 1403 of 2022.

5. In the result, this petition is allowed. No Costs. Consequentially connected miscellaneous petition is closed.

10.01.2024 pbl To The Public Prosecutor, High Court, Madras.

T.V.THAMILSELVI, J.

pbl CRL.OP No. 19318 of 2022 & Crl.MP.No. 12717 of 2022 10.01.2024