Chakkrayas v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 21.08.2023

CORAM

THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH Crl.O.P No.18745 of 2023 and Crl.M.P.No.12484 of 2023 Chakkrayas

...Petitioner

vs.

1.The State rep by The Inspector of Police, Kurinjipadi Police Station, Cuddalore District 2.Kolanchi

...Respondent

PRAYER:

Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for the records in Crime No.293 of 2021 pending on the file of Inspector of Police, Kurinjipadi Police Station, Cuddalore District and quash the same.

For Petitioners : Mr.D.Padmanabhan For Respondents : Mr.A.Damodaran, Additional Public Prosecutor for R1

ORDER

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This criminal original petition has been filed to quash the FIR in crime No.293 of 2021 pending on the file of the first respondent.

2. The case of the prosecution is that the accused persons had gathered together and conducted a protest without any permission on 12.07.2021 between 11:30 to 11:45 a.m. Thereby they caused hindrance to the general public and they also prevented the smooth movement of the vehicles in the road.

3. Heard the learned counsel for the petitioner and the respondent and also perused the materials available on record.

4. On carefully going through the allegations, it is seen that the accused persons had conducted protest against the enhancement of petrol and diesel rates and they had undertaken cycle possession. The accused persons' getting together cannot be considered as an unlawful assembly, since they were only expressing their protest for rise in price of petrol and diesel. Even if the allegations are taken as it is, no offence has been made out.

5. In the light of the above discussion, FIR in Crime No.293 of 2021 is Page No.2/4

quashed. Accordingly this criminal original petition is allowed. Consequently, the connected miscellaneous petition is also closed. 21.08.2023 Index : Yes/No Internet : Yes/No Speaking Order/Non-Speaking Order nsa To 1.The Inspector of Police, Kurinjipadi Police Station, Cuddalore District 2.The Public Prosecutor, Madras High Court, Chennai 600 104..

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N. ANAND VENKATESH, J.

nsa Crl.O.P No.18745 of 2023 and Crl.M.P.No.12484 of 2023 21.08.2023 Page No.4/4