Madras High CourtCRL OP(MD)/14272/2020disposed of

Kamil @ Mohammed Kamil @ Kamil Husain v. The Inspector Of Police

2020-12-08Honourable Mrs Justice J. Nisha Banu2 pages

Crl.O.P(MD)No.14272 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.12.2020

CORAM:

THE HONOURABLE MRS. JUSTICE J.NISHA BANU Crl.O.P(MD)No.14272 of 2020 Kamil @ Mohammed Kamil @ Kamil Husain :Petitioner/Accused No.9 Vs 1.The Inspector of Police, Uchipuli Police Station, Ramanathapuram District, (Crime No.68 of 2020) :Respondent No.1/ Complainant 2.Mr.Nanathakuar Sub Inspector of Police, Uchipuli Police Station, Ramanathapuram District.

:Respondent No.2/Defacto Complainant PRAYER: Petition filed under Section 482 Code of Criminal Procedure, to call for the records pertaining to F.I.R. in Crime No.68 of 2020 and quash the same as far as this petitioner is concerned. For Petitioner : Mr.C.Muthusaravanan For R1 : Ms.V.Neelakandan Additional Public Prosecutor

O R D E R

Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor appearing for the 1st respondent.

2.This Criminal Original Petition has been filed to quash the impugned First Information Report in Crime No.68 of 2020, on the file of the respondent No.1 police station. The Second respondent/Sub Inspector of Police is the defacto complainant. 3.The gist of the First Information Report is that on 09.02.2020 at about 17.00 hours, the petitioner along with others had conducted a demonstration against the Amendment of CAA (Citizenship Amendment Act). Hence, the first respondent police has registered Crime No.68 of 2020 on 09.02.2020. 4.The learned Additional Public Prosecutor would submit that there is no untoward incident had taken place and the issue involved in this case is a covered matter.

5.Though, there are prima facie materials to justify the registration of the First Information Report, I am of the view that https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P(MD)No.14272 of 2020 its continuance is not warranted. This is because no untoward incident had taken place. The country had witnessed protests all over by different sections of people against the said amendments. Since the protest was peaceful and even the First Information Report does not disclose any act of violence or happening of untoward incident, I am of the view that the continued prosecution is not warranted. Quashing the same will secure the ends of justice.

6. Hence, the First Information Report impugned in this petition stands quashed. The Criminal Original Petition stands allowed. The benefit of this order will enure not only for the petitioner but also the non-petitioning accused. Sd/- Assistant Registrar (CS-II) // True Copy // / /2021 Sub Assistant Registrar(CS) vrn 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, Uchipuli Police Station, Ramanathapuram District, 2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

Crl.O.P(MD)No.14272 of 2020 08.12.2020 VB (06.01.2021) 2P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2