Madras High CourtCRL OP(MD)/13250/2020allowed

G.Kannan v. The Inspector Of Police

2020-11-23Honourable Mrs Justice J. Nisha Banu3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.11.2020

CORAM:

THE HONOURABLE MRS.JUSTICE J.NISHA BANU and Crl.M.P(MD) No.6090 of 2020 1.G.Kannan 2.R.Ramanathan 3.R.Vairavan 4.S.Selvaraj 5.P.Subbu Kalai 6.M.Mujibur Rahman 7.P.Muthiah 8.S.Karthikeyan 9.A.Karuppasamy 10.V.Subramanian 11.V.Shanmuganathan 12.S.Seenivasan 13.M.Mariappan 14.J.Anbuselvan 15.K.Liyakath Ali 16.N.Jeyaraman 17.P.Pandi 18.A.Kanagaraj 19.R.Ravi 20.G.Pandi 21.K.Muthuraj 22.N.Anandhkumar 23.R.Maharajan 24.B.Padmanathan 25.V.Amudhan 26.B.Velmurugan 27.V.Govindharaj 28.K.Ponraj 29.R.Venkadesh 1/3

30.R.Murugan ... Petitioners/Accused Nos.1 to 3, 5 to 7, 9 to 29, 32, 34 & 35 Vs.

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

(Crime No.22 of 2019) ...1st Respondent/Complainant 2.Ramkumar, Sub Inspector of Police Soolakarai Police Station, Virudhunagar District. ...2nd Respondent/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 Crime No.22 of 2019 dated 25.01.2019 on the file of the first respondent and quash the same as illegal as against the petitioners alone.

For Petitioners : Mr.T.Lajapathi Roy For R-1 : Ms.S.E.Veronica Vincent Government Advocate (Crl.side)

O R D E R

This petition has been filed seeking to quash the FIR registered by the respondent police as against the petitioners for an offence under Sections 143, 341, 294(b), 353, 506 (i) IPC and 7

(1) (a) of Criminal law Amendment Act, 2005.

2.The FIR came to be registered on the ground that the accused persons had involved in conducting a protest against the ruling government in the name of JACTO-JIO, Joint Action Council of Tamil Nadu Teachers Organization- Government Employees Organization 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 petitioners and the other 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.22 of 2019 on the file of the first respondent police is quashed in so far as the 2/3

petitioners are concerned and accordingly, this Criminal Original Petition is allowed. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar (RTI) // True Copy // / /2020 Sub Assistant Registrar(CS) vsd/msa 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.

To 1.The Inspector of Police Soolakarai Police Station, Virudhunagar District.

(Crime No.22 of 2019) 2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1 CC to M/s.T. LAJAPATHI ROY, Advocate ( SR-22739[F] dated 24/11/2020 ) and Crl.M.P(MD) No.6090 of 2020 23.11.2020 DKS(CO) KK(08.12.2020) 3P 4C 3/3