Madras High CourtCRL OP(MD)/2123/2022allowed

Satheesh Chandran v. The Inspector Of Police

2022-02-02Honourable Mr Justice G.R.Swaminathan2 pages

Crl.O.P(MD)No.2123 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 02.02.2022 CORAM :

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P(MD)No.2123 of 2022 and Crl.M.P(MD)No.1589 of 2022 Satheesh Chandran

...Petitioner/ 1st Accused

Vs.

1.The State represented by The Inspector of Police, Arumanai Police Station, Kanyakumari District.

(Crime No.519 of 2020)

...Respondent/ Complainant

2.Samuvel, The Sub-Inspector, Arumanai Police Station, Kanyakumari District.

... Respondent/ Defacto Complainant Prayer: This Criminal Original Petition is filed under Section 482 of Cr.P.C., to call for the records in connection with Crime No.519 of 2020 on the file of the first respondent police and quash the FIR in so far as the petitioner/1st Accused is concerned. For Petitioner : Mr.S.Poornachandran For R1 and R2 : Mr.M.Veeranthiran Govt. Advocate

O R D E R

The petitioner is shown as an accused in Crime No.519 of 2020, registered on the file of Arumanai Police Station for the offences under Sections 143 and 216 of Indian Penal Code. 2.The case of the prosecution is that the accused had assembled in public and voiced their support in favour of the farm Laws promulgated by the Central Government.

https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P(MD)No.2123 of 2022 3.I had quashed FIRs that were registered in the wake of protest against the farm laws. What is sauce for the goose is sauce for the gander also. Just as one section is entitled to protest against the farm laws, others are entitled to support the farm laws. That is what the accused in this case have done. They did not indulge in any act of violence. None of them were suffering from any infectious disease. They did not contribute to its spread. No adverse consequence ensued. Therefore the registeration of FIR is unwarranted and it stands quashed.

4.With the said observation, this Criminal Original Petition is allowed. The benefit of this order will enure in favour of the nonpetitioning accused also. Consequently, the connected Miscellaneous Petition is also closed.

Sd/- Assistant Registrar (T&P) // True Copy // / /2022 Sub Assistant Registrar(CS) lr 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 Inspector of Police, Arumanai Police Station, Kanyakumari District.

2.The Sub-Inspector, Arumanai Police Station, Kanyakumari District.

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

Crl.O.P(MD)No.2123 of 2022 02.02.2022 RD(16.02.2022) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2