S.K.Subramani v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 18.08.2023

CORAM

THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH Crl.O.P No.18582 of 2023 and Crl.M.P.Nos.12362 & 12363 of 2023 1.S.K.Subramani 2.A.S.Mani 3.Pakku @ Pradeep 4.Ananth 5.Arunkumar 6.Sanakkiyan 7.S.Sridhar 8.A.Krishnan 9.A.Thamppuraj 10.R.Subamani 11.K.Sankaran 12.P.Velliyangiri 13.C.Anburaj 14.M.Purusothaman

...Petitioners

vs.

1.The State rep by The Inspector of Police, Erode South Police Station, Erode.

2.P.Selladurai

...Respondent

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PRAYER:

Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for the records in CC.No.248 of 2021 on the file of the Judicial Magistrate No.III, Erode and quash the same. For Petitioners : Mr.M.Kalaiyarasan For Respondents : Mr.A.Gopinath, Government Advocate for R1

ORDER

This criminal original petition has been filed to quash the proceedings in CC.No.248 of 2021 on the file of the Judicial Magistrate No.III, Erode.

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

3. The case of the prosecution is that on 07.12.2019 at about 14:30 hours, the accused persons had assembled near the Collector Office and started to raise slogans against the police officials on the ground that a false case has been registered against one Munusamy. The second respondent gave a complaint to the effect that the protest was done without any permission and the same resulted in causing disturbance to the general public and it also tantamount in preventing a public officer from doing his official duty. Page No.2/4

4. In the considered view of this Court, the protest had taken place in a spur of the moment and the accused persons are said to have protested against the arrest of a person. The offence, for which the final report has been filed, is not made out. That apart, no useful purpose will be served in keeping the proceedings pending.

5. In the light of the above discussion, CC.No.248 of 2021 on the file of the learned Judicial Magistrate No.III, Erode is hereby quashed. Accordingly, this Criminal Original Petition is allowed. Consequently, the connected miscellaneous petitions are also closed.

18.08.2023 Index : Yes/No Internet : Yes/No Speaking Order/Non-Speaking Order nsa To 1.The Judicial Magistrate No.III, Erode.

2.The Inspector of Police, Erode South Police Station, Erode.

3.The Public Prosecutor, Madras High Court, Chennai 600 104..

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N. ANAND VENKATESH, J.

nsa Crl.O.P No.18582 of 2023 and Crl.M.P.Nos.12362 & 12363 of 2023 18.08.2023 Page No.4/4