Madras High CourtCRL OP(MD)/5669/2020allowed

Ismailkhan v. The Inspector Of Police

2020-06-04Honourable Mr Justice G.R.Swaminathan2 pages

Crl.O.P.(MD)No.5669 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 04.06.2020

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P(MD)No.5669 of 2020 and Crl.M.P.(MD)No.3108 of 2020 Ismailkhan

...Petitioner/Accused ranking not

known Vs The Inspector of Police, Alwarkurichi Police Station, Tirunelveli District.

(Crime No.199 of 2019) ...Respondent/Complainant PRAYER: Petition filed under Section 482 of Code of Criminal Procedure, to call for the records relating to FIR in Crime No.199 of 2019 dated 18.08.2019 on the file of the respondent police and quash the same as against the petitioner as illegal. For Petitioner : Mr.N.Syedali For Respondent : Mr.A.Robinson Government Advocate (Crl.side)

ORDER

The petitioner is said to have been implicated as an accused in Crime No.199 of 2019 on the file of the respondent police for the offences under Sections 143 and 188 of IPC.

2.The case of the prosecution is that in violation of the prohibitory order, a group of persons had assembled to protest against the obliteration of Article 370 of the Constitution of India.

3.The petitioner states that he was not even present in the said gathering and that he came to know about his implication when he applied for issuance of pass port.

4.When the matter was taken up for hearing, the learned Government Advocate (Crl.side) states that the police intend to drop further action in the matter.

5.Be that as it may. It is not the case of the respondent that some violent activity was committed. After all a group of people assembled to voice their opposition to a governmental action. Protest is a part of democratic process. In as much as, no adverse consequence ensued, prosecution is not warranted. https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.5669 of 2020 6.I am of the view that keeping this FIR alive would not serve any purpose. In this view of the matter, FIR is quashed. This Criminal Original Petition is allowed. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar (AS) // True Copy // / /2020 Sub Assistant Registrar(CS) rmi To 1.The Inspector of Police, Alwarkurichi Police Station, Tirunelveli District.

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

Crl.O.P(MD)No.5669 of 2020 04.06.2020 KB(10.06.2020) 2P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2