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Madras High CourtCRL OP/18941/2023allowed

Pysal Rahman@Faisal Rahman v. Sub Inspector Of Police

2023-08-22Honourable Mr Justice N. Anand Venkatesh4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.08.2023

CORAM

THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH Crl.O.P No.18941 of 2023 and Crl MP No.12655 of 2023 Pysal Rahman @Faisal Rahman .. Petitioner vs.

State rep by Sub-Inspector of Police, Mayilduthurai Police Station, Mayiladuthurai ..Respondent PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for the records in Crime No.1811 of 2021 dated 29.10.2021 on the file of the respondent police. For Petitioner : Mr.A.RajaMohamed For Respondent :Mr. A. Damodaran, Additional Public Prosecutor-R1

ORDER

This petition has been filed to quash the FIR in Crime No.1811 of 2021 pending investigation on the file of the respondent police.

2.

Heard Mr.A.RajaMohamed, learned counsel for the petitioner and Mr. A. Damodaran, learned Additional Public Prosecutor

for 1st respondent.

3.

The case of the prosecution is that the accused person along with others were indulged in conducting a protest on 29.10.2021 between 16.25 to 17.10 hours without any permission and thereby, had caused inconvenience to the general public. 4.

It is seen from records that the protest was held by the accused persons in support of the Muslims, who are said to have been attacked at Tripura. The gathering of the accused persons cannot be held to be unlawful and even if the allegations are taken as it is, no offence has been made out.

5.

In the light of the above discussion, the FIR in Crime No.1181 of 2011 is hereby quashed in entirety and this Criminal Original petition is accordingly allowed. Consequently, the connected miscellaneous petition is closed.

22.08.2023 Index : Yes/No Internet : Yes/No Speaking Order/Non-Speaking Order rka To

1. State rep by Sub-Inspector of Police, Mayilduthurai Police Station, Mayiladuthurai

2. The Public Prosecutor, High Court, Madras

N. ANAND VENKATESH, J.

rka Crl.O.P No.18941 of 2023 22.08.2023