Madras High CourtCRL OP(MD)/1799/2022allowed

Jeyaram @ Justinraj v. The Inspector Of Police

2022-02-01Honourable Mr Justice G.R.Swaminathan2 pages

Crl.O.P(MD)No.1799 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 01.02.2022 CORAM :

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P(MD)No.1799 of 2022 and Crl.M.P.(MD)No.1311 of 2022 Jeyaram @ Justinraj ... Petitioner/1st Accused Vs.

1.The State rep by The Inspector of Police, Keeriparai Police Station, Kanyakumari District.

(Crime No.46 of 2018) ... Respondent/Complainant 2.Mr.Rajarethinam, Sub-Inspector, Keeriparai 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.46 of 2018 on the file of the 1st respondent police and quash the FIR in so far as the petitioner is concerned.

For Petitioner : M/s.R.Rajalakshmi For R1 : Mr.B.Thanga Aravindh Govt. Advocate (Crl. Side)

O R D E R

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

2.The petitioner is figuring as the first accused in Crime No.46 of 2018 registered on the file of the first respondent for the offences under Sections 143 and 341 of IPC.

3.The case of the prosecution is that on 10.10.2018, the accused had conducted a demonstration and road blockade without getting prior permission. The First Information Report was registered on 10.10.2018. The final report should have been filed on or before 09.10.2019. But till date no final report has been filed. https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P(MD)No.1799 of 2022 Since no explanation is also forthcoming for the delay, Section 468 of Cr.P.C., can very well be invoked in this case. 4.That apart it is seen that the accused are members of the political party. They had raised only a public issue. In a democratic society, such issues can always be raised. No adverse consequence ensued. The accused did not indulge in any act of violence. Therefore, the impugned FIR is quashed. The Criminal Original Petition is allowed. The benefit of this order will enure in favour of the non-petitioning accused also. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar (Crl.Side) // True Copy // / /2022 Sub Assistant Registrar(CS) sji 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, Keeriparai Police Station, Kanyakumari District.

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

Crl.O.P(MD)No.1799 of 2022 and Crl.M.P.(MD)No.1311 of 2022 01.02.2022 IMS(CO) GC(15.02.2022) 2P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2