Jayaram Venkatesan v. Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 05.09.2023

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH and Crl.M.P.Nos.13300 & 13301 of 2023 Jayaram Venkatesan @ Jeyaraman Venkadesan s/o.B.Venkatesan ... Petitioner Vs.

State of Tamil Nadu, rep. by Inspector of Police, R3, Ashok Nagar Police Station, Chennai - 600 024.

... Respondent Prayer: Criminal Original Petition filed under Section 482 Cr.P.C. praying to call for records of police final report CC.No.1947 of 2020 on the file of XVII Metropolitan Magistrate, Saidapet, quash the same. For Petitioners : Ms.D.Nagasaila For Respondents : Mr.A.Damodaran Additional Public Prosecutor *****

O R D E R

This Criminal Original Petition has been filed seeking to quash the proceedings in C.C.No.1947 of 2020 on the file of the XVII Metropolitan Magistrate, Saidapet.

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2. Heard Ms.D.Nagasaila, learned counsel appearing for the petitioner and Mr.A.Damodaran, learned Additional Public Prosecutor for the respondent.

3. The case of the prosecution is that the petitioner and others belonging to Arappor Iyakkam had gathered together and without getting any permission had conducted a meeting and according to the complaint this Arappor Iyakkam is a banned organization and they do not have any right to conduct a meeting and they caused public nuisance. In this complaint, even the owner of the hall, who permitted the meeting, was made as an accused.

4. In the considered view of this Court, the entire criminal prosecution is an abuse of process of law. On a reading of the final report, it is seen that absolutely no offence has been out and this Court cannot allow the continuation of the proceedings any further. In the light of the above discussion, this Criminal Original Petition is allowed and the proceedings in C.C.No.1947 of 2020 on the file of the 2/4

XVII Metropolitan Magistrate, Saidapet, is hereby quashed. Consequently, connected miscellaneous petitions are closed. 05.09.2023 Speaking Order/Non-speaking Order Index :Yes/No mp To 1.The XVII Metropolitan Magistrate, Saidapet.

2.The Inspector of Police, R3, Ashok Nagar Police Station, Chennai - 600 024.

3.The Public Prosecutor, Madras High Court.

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N.ANAND VENKATESH, J mp 05.09.2023 4/4