Madras High CourtCRL OP(MD)/4634/2020allowed

S.Muniasamy v. The Inspector Of Police

2020-03-16Honourable Mr Justice G.R.Swaminathan2 pages

Crl.O.P(MD).No.4634 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 16.03.2020

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P(MD).No.4634 of 2020 and Crl.M.P.(MD)No.2640 of 2020 S.Muniyasamy ... Petitioner / Accused rank not known Vs 1.The State, Rep. by the Inspector of Police, Anna Nagar Police Station, Madurai City.

(Crime No.709 of 208) ... 1st Respondent / Complainant 2.V.Indhumathi ...2nd Respondent / Defacto Complainant Prayer : Criminal Original Petition filed under Section 482 of Cr.P.C. to call for the records in pertaining to the case in Crime No.709 of 2018, pending investigation on the file of the first respondent and quash the same as illegal.

For Petitioner: Mr.M.Solaisamy For R1 : Mr.A.Robinson Government Advocate (Crl. Side)

ORDER

The petitioner is figuring as accused No.5 in Crime No.709 of 2018, registered on the file of the Anna Nagar Police Station, Madurai City, for the offences under Section 341, 143 and 188 of IPC.

2.It appears that the petitioner had taken part in the protest against the functioning of Sterlite Industry. Even if the petitioner had technically breached the prohibitory orders, it is not the case of the prosecution that some adverse consequences ensued. The petitioner has not committed to any act of violence. https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P(MD).No.4634 of 2020 3.Therefore, the impugned First Information Report stands quashed as far as this petitioner is concerned and the Criminal Original Petition is allowed. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar (Crl.Side) // True Copy // / /2020 Sub Assistant Registrar(CS) To 1.The Inspector of Police, Anna Nagar Police Station, Madurai City.

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

+2 CC to M/s.M.SOLAISAMY, Advocate ( SR-11975[F] dated 17/03/2020 ) Crl.O.P(MD).No.4634 of 2020 16.03.2020 sji SDS (18.03.2020) 2P-5C https://hcservices.ecourts.gov.in/hcservices/ 2/2