Madras High CourtCRL OP(MD)/5661/2020allowed

Nalliappan v. The Inspector Of Police

2020-06-03Honourable Mr Justice G.R.Swaminathan2 pages

Crl.O.P(MD)No.5661 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.06.2020

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P(MD)No.5661 of 2020 and Crl.M.P.(MD)No.3105 of 2020 1.Nalliappan 2.Muthu Pandi 3.Ramachandran 4.Siva Prakash ... Petitioners/Accused Nos.1,2,4&9 Vs 1.State represented by the Inspector of Police, Natham Police Station, Dindigul District.

(In Crime No.198 of 2018) ... Respondent 2.M.Velmurugan ... Respondent/Defacto Complainant PRAYER: Petition filed under Section 482 of Code of Criminal Procedure, to call for the records of the First Information Report in Crime No.198 of 2018 on the file of the Respondent No.1 and quash the same as illegal as against the petitioners concerned. For Petitioners : Mr.K.R.Badurus Zaman For R1 : Mr.A.Robinson Government Advocate (Crl.side)

ORDER

Heard the learned counsel on either side.

2.This criminal original petition has been filed for quashing the FIR in Crime No.198 of 2018 registered on the file of the first respondent.

3.The case of the prosecution is that the petitioners along with other villagers had assembled in violation of the prohibitory orders. It is seen that the purpose of such assembly was to demand pathway for the villagers. It is not the case of the prosecution that any untoward incident happened.

4.Though technically the petitioners have breached the prohibitory orders, in as much as no adverse consequence ensued and taking note of the fact that the petitioners have only sought to espouse a public cause, I am of the view that impugned FIR deserves to be quashed. It is accordingly quashed.

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Crl.O.P(MD)No.5661 of 2020 5.This Criminal Original Petition stands allowed.

Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar (AD-II) // True Copy // / /2020 Sub Assistant Registrar(CS ) Rmi To 1.The Inspector of Police, Natham Police Station, Dindigul District.

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

+1 CC to M/s.K.R.BADRUS ZAMAN, Advocate ( SR-13145[F] dated 05/06/2020 ) Crl.O.P(MD)No.5661 of 2020 03.06.2020 MK (10.06.2020) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2