Madras High CourtCRL OP(MD)/1304/2022allowed

A.Premkumar v. The Inspector Of Police

2022-01-25Honourable Mr Justice G.R.Swaminathan2 pages

Crl.O.P.(MD)No.1304 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.01.2022

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P.(MD)No.1304 of 2022 A.Premkumar ... Petitioner/Rank not known vs.

State rep. by The Inspector of Police, Town North Police Station, Dindigul District.

(Crime No.38/2017) ... Respondent PRAYER : Criminal Original Petition filed under Section 482 Cr.P.C., to call for the records pertaining to the impugned FIR in Crime No.38 of 2017, dated 23.01.2017 on the file of the first respondent police and quash the same as illegal.

For Petitioner : Mr.A.Prabhu Raja For Respondent : Mr.Thanga Aravindh Government Advocate (Crl.)

O R D E R

Heard the learned counsel appearing for the petitioner and the learned Government Advocate (crl.side) appearing for the respondent.

2. The petitioner challenges the FIR in Crime No.38 of 2017 registered on the file of the Town North Police Station, Dindigul District for the offences under Sections 143, 188 & 341 of IPC. The petitioner along with others is said to have participated in the protest on 23.01.2017 regarding Jallikattu issue.

3. The case of the prosecution is that the protest was held in violation of the prohibitory orders. Be that as it may, the learned Government Advocate (crl.side) submits that final report was filed long back and the case has been taken on file as C.C.No.264 of 2017 on the file of the Judicial Magistrate No.2, Dindigul.

4. Though this petition has been filed questioning the FIR, I can still mould the relief by taking note of the materials available on record. The petitioner's counsel has enclosed a copy of the G.O. (Ms)No.99 of 2021/Home (Courts-IV) Department, dated 20.02.2021 directing withdrawal of cases registered during 2017 Jallikattu protest.

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Crl.O.P.(MD)No.1304 of 2022

5. The case on hand would also be covered by the terms of the said G.O. Therefore, the proceedings in C.C.No.264 of 2017 on the file of the Judicial Magistrate No.2, Dindigul, stand quashed.

6. This Criminal Original Petition is allowed. Sd/- Assistant Registrar (CS III) // True Copy // / /2022 Sub Assistant Registrar(CS) rmi Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned. To 1.The Judicial Magistrate No.2, Dindigul 2.The Inspector of Police, Town North Police Station, Dindigul District.

3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1 CC to M/s.A.PRABHU RAJ, Advocate ( SR-2483[F] dated 25/01/2022 ) Crl.O.P.(MD)No.1304 of 2022 25.01.2022 MGJ(01.02.2022) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2