Shaik Ahmadulla v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 07.09.2023

CORAM

THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH and Crl.M.P.Nos.13350 and 13352 of 2023 Shaik Ahmadulla S/o.Sahul Hameed ... Petitioner vs.

State rep. by Sub-Inspector of Police, Vedaranyam Police Station, Nagapattinam District.

(Crime No.04 of 2020) ... Respondent PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for the entire records in STC.No.419 of 2020, on the file of the learned Judicial Magistrate No.I, Nagapattinam and quash the entire proceedings against the petitioner/A2. For Petitioner : Mr.M.Manimaran For Respondent : Mr.A.Damodaran Additional Public Prosecutor 1/4

ORDER

This Criminal Original Petition has been filed seeking to quash the proceedings in S.T.C.No.419 of 2020, pending on the file of learned Judicial Magistrate No.I, Nagapattinam.

2. Heard the learned counsel for petitioner and the learned Additional Public Prosecutor appearing on behalf of the respondent.

3. The case of the prosecution is that on 03.01.2020 between 13.45 hours to 14.00 hours, the accused persons are said to have formed an unlawful assembly and had protested against the Citizenship Amendment Act. Thereby, the petitioner had caused inconvenience to the general public and had also hindered the free movement of the vehicles. Based on the complaint, an F.I.R. came to be registered in Crime No.4 of 2020 and on completion of the investigation, a final report has been filed before the Court below against five accused persons for offences under Sections 143 and 341 of I.P.C.

4. The State Government had already taken a decision to withdraw all the cases pertaining to the protest that was made against the Citizenship 2/4

Amendment Act. Even otherwise, the protest that was conducted by the accused persons cannot be stated to be unlawful and no offence has been made out against any of the accused persons.

5. In the light of the above discussion, the proceedings in S.T.C.No.419 of 2020, pending on the file of Judicial Magistrate Court No.I, Nagapattinam is hereby quashed in its entirety and the Criminal Original Petition is allowed. Consequently, connected miscellaneous petitions are closed.

07.09.2023 (1/2) Index : Yes/No Internet : Yes/No Speaking Order/Non-Speaking Order rsi To 1.The Sub-Inspector of Police, Vedaranyam Police Station, Nagapattinam District.

2.The Judicial Magistrate No.I, Nagapattinam.

3.The Public Prosecutor, Madras High Court.

3/4

N. ANAND VENKATESH, J.

rsi and Crl.M.P.Nos.13350 and 13352 of 2023 07.09.2023 (1/2) 4/4