Madras High CourtCRL OP(MD)/13648/2020allowed

V.Chandrasekaran v. The Inspector Of Police

2020-12-01Honourable Mrs Justice J. Nisha Banu2 pages

Crl.O.P(MD)No.13648 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 01.12.2020

CORAM:

THE HONOURABLE MRS.JUSTICE J.NISHA BANU Crl.O.P(MD)No.13648 of 2020 and Crl.MP(MD) No.6289 of 2020

1. V. Chandrasekaran

2. N. Murugan

3. J. Jeyakannan

4. P. Arumugam

5. M. Karnan

6. K. Anthony

7. S. Ramraj

8. K. Muthuraj

9. L. Agniyan

10. P. Gopal

11. M. Sonaimuthu

12. M. Arumugam

13. S. Senthilkumar

14. A. Bose ... Petitioners/Accused Nos.-1, 2, 4 to 15 Vs

1. The Inspector of Police Aruppukkottai Town Police Station, Virudhunagar District.

(Crime No.25 of 2019) ... R-1/Complainant

2. Velmurugan ... 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.25 of 2019 dated 28.01.2019 on the file of the respondent police and quash the same as illegal as against the petitioners alone.

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. 25 of 2019 dated 28.01.2019 on the file of the respondent police, for the offences under Sections under Sections 143, 504, 505(1)(b), 341, 353, 294(b), 151, 153, 290, 506(ii) of IPC, 1860 and Section 7(1) (a) of Criminal law Amendment Act, 2005, as against the petitioners alone.

2.The FIR came to be registered on the ground that the accused persons had involved in conducting a protest near Aruppukottai Taluk https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P(MD)No.13648 of 2020 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.25 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 (CS-II) // 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.

1. The Inspector of Police Aruppukkottai Town Police Station, Virudhunagar District.

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

+1 CC to Mr.T.LAJAPATHI ROY, Advocate SR-23762. Crl.O.P(MD)No.13648 of 2020 01.12.2020 VR(CO) CS(10.12.2020) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2