Madras High CourtCRL OP(MD)/13312/2020disposed of

Lakshmi Naryanan v. The Inspector Of Police

2020-11-24Honourable Mrs Justice J. Nisha Banu3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.11.2020

CORAM:

THE HONOURABLE MRS.JUSTICE J.NISHA BANU CRL OP(MD) No.13312 of 2020 and Crl.M.P.(MD) No.6110 of 2020

1. Lakshmi Narayanan

2. Kannan

3. Pugazhendhi

4. Paramasivan

5. Issac Samraj

6. Murugan

7. Karuppasamy

8. Antonyraj

9. Jeya Ganesan

10. Muthu Kumar

11. Murugesan

12. Parameswaran

13. Murugan

14. Ramdos

15. Ramar

16. Karpaga Selvam

17. Murugesan

18. Kasirajan

19. Ravindran

20. Venkatesan ... Petitioners/A-1 to A-20 Vs.

1. The Inspector of Police Virudhunagar Bazar Police Station, Virudhunagar District.

...R-1/Complainant (Crime No. 33 of 2019) 2.Veerasamy ...R-2/Defacto complainant PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to call for the records pertaining to the First Information Report in Cr.No. 33 of 2019 dated 28.01.2019 on the file of the respondent police and quash the same as illegal. For Petitioners : Mr.T. Lajapathi Roy For R-1 : M/s.S.E. Veronica Vincent Government Advocate (Crl. side)

O R D E R

This Criminal Original Petition has been filed to quash the First Information Report in Cr.No. 33 of 2019 dated 28.01.2019 on 1/3

the file of the respondent police, for the offences under Sections under Sections 504, 505(1)(b), 341, 353, 294(b), 151, 153, 290, 506 (ii) of IPC and Section 7(1) (a) of Criminal law Amendment Act, 2005 as against the petitioners.

2.The FIR came to be registered on the ground that the accused persons had involved in conducting a protest near Aruppukottai Taluk Office without permission, by demanding for certain reliefs on behalf of JACTO-JIO.

3.Heard the learned counsel for the petitioners and the learned Government Advocate (Crl.Side) appearing for the first respondent.

4. Taking into consideration of the facts and circumstances of the case and also the fact that the accused persons were only demanding for their lawful rights, this Court is of the considered view that the registration of an First Information Report is an abuse of process of law. The offence that is extracted in the FIR is not made out against the petitioners.

5. In the result, the FIR in Crime No.33 of 2019 on the file of the first respondent police is quashed in so far as the petitioners are concerned and accordingly, this Criminal Original Petition is allowed. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(T & P) // True Copy // / /2020 Sub Assistant Registrar(CS) ksa Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the Advocate / litigant concerned.

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To:-

1. The Inspector of Police Virudhunagar Bazar Police Station, Virudhunagar District.

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

+1 CC to M/s.T.LAJAPATHI ROY, Advocate ( SR-22826[F] dated 26/11/2020 ) CRL OP.(MD) No.13312 of 2020 24.11.2020 sss(CO) TR(07.12.2020) 3P 4C 3/3