Muthukumar v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.04.2022
CORAM
THE HONOURABLE Mr.JUSTICE G.K.ILANTHIRAIYAN and Crl.M.P(MD)No.5430 of 2022 1.Muthukumar 2.Alagarsamy, 3.Pandian 4.Hariharasuthan ... Petitioners 1 to 4 / Accused 1 to 4 5.Rajasimman ... Petitioner No.5 / Accused No.6 6.Venkatraj 7.Thandapani @ Dhandapani 8.Satheeshkumar ... Petitioner No.6 to 8 / Accused Nos.8 to 10 9.Senthilvel ... Petitioner No.9 / Accused No.12 10.Manikandan ... Petitioner No.10 / Accused No.14 11.Sugumar 12.Arumugam 13.Muthuramalingam ... Petitioners No.11 to 13 / Accused Nos.16 to 18 14.Senthil Prakash 15.Krishnan 16.Nethaji Sekar @ Dhanasekar 17.Pandipedaran 18.Arivuselvam 19.Thirunavukkarasu 1/5
20.Loganathan ... Petitioners No.14 to 20 / Accused Nos.22 to 28 21.Marikannan 22.Palanivel 23.karthick 24.Balamurugan ... Petitioners Nos.21 to 24 / Accused Nos.31 to 34 25.Sudalaimani ... Petitioner No.25 / Accused No.39 26.Veerapandi 27.Tamilselvan 28.Uthayakumar 29.Senthil ... Petitioner No.26 to 29 / Accused Nos.42 to 45 30.Pirathipkumar @ Pradeepkumar 31.Balaji 32.Sathiyasiva 33.Beemaravu Ramje @ Beema Rao 34.Ajithkumar 35.BalaGuruRaja 36.Ramkumar 37.Chelladurai ... Petitioner No.30 to 37 / Accused Nos.47 to 54 38.Shenbaga Pandian 39.Kumaran 40.Chithambaram @ Chithambaranathan ... Petitioner Nos.38 to 40 / Accused Nos.56 to 58 41.Selvam ... Petitioner No.41 / Accused No.60 42.Sivalaper Mahan @ Mahadevan 43.Durairaj 2/5
44.Siva Prabhakaran 45.Balasubramanian ... Petitioner No.42 to 45 / Accused Nos.62 to 65 46.Vakkil Jein 47.Vaigundarajan 48.Venkatesan 49.Arunkumar ... Petitioner No.46 to 49 / Accused Nos.69 to 72 50.Selvakumar 51.K.K.Srinivasan ... Petitioner No.50 & 51 / Accused Nos.75 & 76 52.Raja @ Kattu Raja ... Petitioner No.52 / Accused Nos.79 53.Panneerselvam 54.Janarthanan
...Petitioner No.53 & 54 / Accused Nos.81 & 82
55.Sivakami 56.Meena 57.Mahalakshmi 58.Kavitha 59.Vetriselvi 60.Manimala ... Petitioner No.55 to 60 / Accused Nos.88 to 93 Vs 1.The Inspector of Police Karimedu police Station Madurai City.
(Crime No.187 of 2021) ... 1st Respondent / Complainant 2.M.Sundara Pandian Working as Sub-Inspector of Police Karimedu Police Station Madurai City.
... 2nd Respondent / De-facto-Complainant 3/5
PRAYER: Criminal Original Petitions filed under Section 482 of Cr.P.C, praying to call for the records pertains to impugned FIR in Crime No.187 of 2021 on the file of the 1st respondent Police Station and quash the same in so far as the petitioners/Accused nos 1 to 4, 6, 8 to 10, 12, 14, 16 to 19, 22 to 28, 31 to 34, 39, 42 to 44, 45, 47 to 53, 54, 56 to 58, 60, 62 to 65, 69 to 71, 72, 75, 76, 79, 81, 82, 88 to 93 are concerned.
For Petitioners : Mr.R.Gowrishankar For Respondents : Mr.B.Thanga Aravindh Government Advocate (Crl.Side)
ORDER
This petition has been filed to quash the impugned FIR in Cr.No.187/2021, on the file of the first respondent police station and quash the same as against the petitioners herein. 2.The case of the prosecution is that on 20.02.2021, the accused persons who belongs to Rasthriya Suyam Sevak Sangam, Barathiya Janatha Party, Hindu Munnani and other establishments, without any prior permission, they were unlawfully assembled and tried to conduct Ratha Yathirai and conducted agitation against police activities and caused hindrance to vehicular movements. Hence an FIR in Crime No.187/2021 was registered. 3.It is seen that the petitioners sought permission to conduct awareness campaign for construction of Sri Rama Temple in Ayodhya. The said request was rejected by the Assistant Commissioner of Police(ACP), Madurai by the proceedings, dated 18.02.
2021, for the reason that due to Covid-19 situation and also law and order problem. However, it was challenged by one of the petitioners herein, before this Court in W.P(MD)No.3562/2021 and this Court set aside the rejection order passed by the Assistant Commissioner of Police and directed the Commissioner of Police, Madurai, to consider the request of the petitioner with reasonable restrictions for the free movement of the vehicle in and around Madurai, by order, dated 19.02.2021. Accordingly, they were permitted to conduct awareness campaign for construction of Sri Rama Temple in Ayodhya. In fact, as against the order passed by this Court, the Commissioner of Police also filed a Writ Appeal, which was disposed of by extending one hour time duration stated in the permission, dated 03.03.2021.
In pursuant to the same, the present FIR has been registered as against all the petitioners/ Accused nos. 1 to 4, 6, 8 to 10, 12, 14, 16 to 19, 22 to 28, 31 to 34, 39, 42 to 44, 45, 47 to 53, 54, 56 to 58, 60, 62 to 65, 69 to 71, 72, 75, 76, 79, 81, 82, 88 to 93. 4.That apart, the complainant and the investigation officer are one and same.
further investigation and it is liable to be quashed. Accordingly, the proceedings in Crime No.187/2021 are quashed as against all the accused persons. The criminal original petition is allowed. Consequently, the connected miscellaneous petition is also closed. Sd/- Assistant Registrar (CO) // True Copy // / /2022 Sub Assistant Registrar(CS) lr To 1.The Inspector of Police Karimedu police Station Madurai City.
2.The Sub-Inspector of Police Karimedu Police Station Madurai City.
3. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
Crl.O.P(MD)No.8017 of 2022 28.04.2022 MK/25.05.2022/5P/4C 5/5