Sathik @ M.A.Sathik v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 11.09.2023

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Crl.O.P.No.20728 of 2023 and Crl.M.P.No.14161 of 2023 Sathik @ M.A.Sathik, S/o.Abdul Raguman ... Petitioner Vs.

State represented by, Inspector of Police, Sholavaram Police Station, Tiruvallur.

(Crime No.18 of 2021) ... Respondent Prayer: Criminal Original Petition filed under Section 482 Cr.P.C., to call for the records in Crime No.18 of 2021 dated 08.01.2021 on the file of respondent police and quash the same.

For Petitioner : Mr.A.Rajamohamed For Respondent : Mr.A.Gopinath Government Advocate [Crl.Side] ***** 1/4

O R D E R

This Criminal Original Petition has been filed challenging the First Information Report registered by the respondent in Crime No.18 of 2021.

2. The case of the respondent is that the accused person has assembled and conducted a protest in support of the farmers, who are agitating at Delhi against the farmers act. Thereby, the accused persons were disrupting the movement of the vehicles in the tollgate and were causing disturbance to the general public. That apart, being Covid-19 pandemic period, they were causing potential infection. Hence, the First Information Report was registered in Crime No.18 of 2021 for offences u/s.143 and 341 IPC r/w Section 51 of the Disaster Management Act.

3. Heard Mr.A.Rajamohamed, learned counsel for petitioner and Mr.A.Gopinath, learned Government Advocate [Crl.Side] appearing for respondent.

4. Taking into consideration the facts and circumstances of the case and also the fact that the accused persons were only agitating in support 2/4

of the farmers, who were in turn protesting at Dehi against the farmers act, which according to them affected their rights and also of the fact that there is no unlawful assembly to proceed against the accused persons for offence u/s.143 IPC, this Court is inclined to interfere with the First Information Report. No offence has been made out against the accused persons. The continuation of proceedings against the accused persons will result in abuse of process of law.

In the result, this Criminal Original Petition is allowed and the First Information Report in Crime No.18 of 2021 on the file of respondent is hereby quashed in entirety. Consequently, connected miscellaneous petition is closed.

11.09.2023 Speaking Order/Non-speaking Order Index :Yes/No gm To 1.The Inspector of Police, Sholavaram Police Station, Tiruvallur.

(Crime No.18 of 2021)

2. The Public Prosecutor, 3/4

Madras High Court, Chennai.

N.ANAND VENKATESH, J.

gm Crl.O.P.No.20728 of 2023 11.09.2023 4/4