Abdul Hakkim v. State Rep By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 17.08.2023
CORAM
THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH and Crl.M.P.No.12448 of 2023
1. Mr.E.Abdul Hakkin, S/o.Md.Iliyas
2. K.Mohamed Nowfill, S/o.Kadhar Batcha
3. Jubair @ J.Mohamed Jeefer Ali, S/o.Mohamed Jaleel
4. A.Kadhar Batcha, S/o.Abdul Rahim
5. R.Moorthi, S/o.Ramasamy Gownder
6. R.Sevvilamparithi, S/o.N.Ramalingam ... Petitioners Vs.
1. State represented by, Sub-Inspector of Police, Mettupalayam Police Station, Coimbatore. (Crime No.90 of 2021)
2. Mr.S.Senthilkumar ... Respondents 1/4
Prayer: Criminal Original Petition filed under Section 482 Cr.P.C. praying to call for the records in Crime No.90 of 2021 on the file of the respondent police and quash the same as against the petitioners. For Petitioners : Mr.A.Rajamohamed For Respondents : Mr.A.Damodaran Additional Public Prosecutor [R1] *****
O R D E R
This Criminal Original Petition has been filed to quash the First Information Report in Crime No.90 of 2021 pending on the file of the first respondent.
2. The second respondent gave a complaint to the first respondent to the effect that on 26.01.2021 at about 11.05 a.m., around 110 men and 60 women undertook a protest without any permission and were raising slogans against the Hon'ble Prime Minister of India criticizing the implementation of the Farmer Produces Trade and Commerce Act, 2020. Thereby, the same resulted in disturbing the traffic and the movement of the general public. Based on this complaint, a First Information Report came to be registered by the first respondent in Crime No.90 of 2021 for offences u/s.143, 341, 269, 271 and 505(1)(c) IPC. 2/4
3. Heard Mr.A.Rajamohamed, learned counsel for petitioners and Mr.A.Damodaran, learned Additional Public Prosecutor appearing for first respondent.
4. In the considered view of this Court, the protest was made for a cause. The same cannot be held to be an unlawful assembly. That apart, the facts of the present case can be brought within the scope of Section 95 IPC. No useful purpose will be served in continuing the investigation in this case since the very identity of the persons, who have indulged in protest will become difficult.
In the light of the above discussion, this Criminal Original Petition is allowed and the First Information Report in Crime No.90 of 2021 on the file of the first respondent is hereby quashed. Consequently, connected miscellaneous petition is closed.
17.08.2023 Speaking Order/Non-speaking Order Index :Yes/No gm 3/4
N.ANAND VENKATESH, J.
gm To
1. The Sub-Inspector of Police, Mettupalayam Police Station, Coimbatore.
Crime No.90 of 2021
2. The Public Prosecutor, Madras High Court.
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