Madras High CourtCRL OP(MD)/3944/2020allowed

Thiruppathi v. The Inspector Of Police

2020-03-02Honourable Mr Justice G.R.Swaminathan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 02.03.2020

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P(MD)No.3944 of 2020 and Crl.M.P.(MD)Nos.2173 and 2175 of 2020 1.Thiruppathi 2.Rajenthiran 3.Thankaraj 4.Balasubramaniyan 5.Pathinettam 6.Paramasivam 7.Madasamy 8.Aesumani 9.Anthonipitchai 10.Muthuraj 11.Vijayakumar 12.Nallamuthu 13.Ramesh 14.Palanivel 15.Jeyabalan 16.Kaneshkumar 17.Josap Selvaraj 18.Ravichandran 19.Kalimuthu 1/3

20.Jeyakumar 21.Kumar 22.Rasu ... Petitioners/Accused No.1 to 22 Vs State Rep by The Inspector of Police, Alankulam Police Station, Virudhunagar District.

Crime No.37 of 2017 ... Respondent/Complainant PRAYER: Petition filed under Section 482 Code of Criminal Procedure, to call for the records pertaining to the case in S.T.C.No.646 of 2018 on the file of the learned Judicial Magistrate No.2, Sattur and quash the same.

For Petitioners : Mr.N.Mariappan For Respondent : Mr.A.Robinson Government Advocate (Crl.side)

ORDER

The petitioners stand accused in S.T.C.No.646 of 2018 for the offence under Section 143 of IPC.

2.The case of the prosecution is that the petitioners had unlawfully assembled in violation of the prohibitory order issued by the police. It is seen that on 13.03.2017 at about 9.45 a.m., the petitioners herein had protested against the irregular distribution of essential commodities in the ration shop in question. In as much as, the petitioners have raised only a legitimate civic issue and in as much as, no other consequence ensued.

3.I am of the view that the continuation of the impugned prosecution is not warranted. In this view of the matter, the impugned proceedings stand quashed. This Criminal Original Petition is allowed. Consequently, connected miscellaneous petitions are also closed.

Sd/- Assistant Registrar(AD-II) // True Copy // / /2020 Sub Assistant Registrar(CS) 2/3

rmi To 1.The Inspector of Police, Alankulam Police Station, Virudhunagar District.

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

+1 CC to M/s.N.MARIAPPAN, Advocate ( SR-10089[F] dated 04/03/2020 ) Crl.O.P(MD)No.3944 of 2020 02.03.2020 SBS(CO) TR(13.03.2020) 3P 4C 3/3