Ramachandran v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 20.12.2021

CORAM:

THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI CRL.O.P.NO.24564 OF 2021 AND CRL.M.P.NOS.13551 AND 13552 OF 2021 Ramachandran

...Petitioner

Vs.

State represented by The Inspector of Police, J3, Police Station (L & O), Guindy, Chennai - 32.

...Respondent

PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C., praying to call for the records in C.C.No.3837 of 2021, on the file of the IX Metropolitan Magistrate, Saidapet, Chennai and quash the same.

For Petitioner :

Mr.Revathi Radhakrishnan For Respondent :

Mr.R.Vinoth Raja Government Advocate (Crl.side)

ORDER

This Criminal Original Petition has been filed seeking to call for the records in C.C.No.3837 of 2021, on the file of the IX Metropolitan Magistrate, Saidapet, Chennai and quash the same.

2. The petitioner/accused was a call-taxi driver under OLA Company. On 26.02.2019, at about 16.00 p.m., while the respondent/police party was on duty, at that time, near Jawaharlal Nehru road, the petitioner and 22 others, without any prior permission from the authorities concerned, had unlawfully assembled and obstructed the free movement of traffic and general public and raised slogans and conducted dharna against OLA company.

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3. The learned counsel for the petitioner submits that the petitioner is not participating in the alleged unlawful assembly and stated in the FIR that he is only walking on the pathway and the petitioner has been falsely implicated in this case and no one was sustained. Hence, he prayed to quash the proceedings.

4.The facts of this case is covered by the reported judgments of this Court in Jeevanandham and others Vs. State Rep. by Inspector of Police and another reported in (2018) 2 LW Crl 606 and Sri Raja Vs. State Rep. By Inspector of Police, Sivakasi Town Police Station, Virudhunagar District, and another reported in (2019) 2 LW Crl 350. Accordingly, the proceedings in C.C. No.203 of 2017, is hereby quashed and the Criminal Original Petition is allowed.

Consequently, connected Miscellaneous Petitions are closed.

Sd/- Assistant Registrar(CS-V) //True Copy// Sub Assistant Registrar ub To

1. The IX Metropolitan Magistrate, Saidapet, Chennai.

2. The Inspector of Police, J3, Police Station (L & O), Guindy, Chennai - 32.

3. The Public Prosecutor, High Court, Madras.

Crl.O.P.No.24564 of 2021 KSM(CO) RLP(14/02/2022) https://hcservices.ecourts.gov.in/hcservices/