M.A.K. Muhaideen v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 31.01.2022
CORAM
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and Crl.M.P.(MD).Nos.7640 and 7645 of 2021 1.M.A.K.Muhaideen 2.Nasar 3.Kalvath 4.Nazeer Muhaitheen 5.Raseeth 6.Kamaal 7.Shajahan 8.Muhamed Vappa alias Muhammed Muhaitheen 9.Muhammad Ali 10.M.P.H.Beer Mohammad 11.Roshan Sha 12.Abdul Kathar 13.Shapi 14.Ayupkan 15.Bakruteen 16.Anvar Shathath 17.Salavuteen 18.Reema Paisal 19.Mahin Apubakkar 20.Rasul 21.Left Shiek 22.Atham Muhaiteen 23.Peroshkan 24.Sheik Meeran 25.Seyathu 26.Kose Muhaitheen 27.Muthu Muhaiteen 28.Aarip 29.F.T.Meera Sha 30.Olappi Meera Sha 31.Salman Faris 32.Abupakkar 33.Alavuteen 34.Chintha 35.Peerappa 36.Ajish 37.Hamsha 38.Rasulsha 39.Serip
...Petitioners/Accused No.2, 3, 5,
7, 9-13, 17, 21, 23, 27, 32, 35-39, 41, 50, 58 59, 62, 64, 69-73, 75, 79, 81, 87, 89, 91-93, 97 1/3
Vs.
1.The State Represented by The Inspector of Police, Eruvadi Police Station, Tirunelveli District.
(Crime No.172 of 2019) ...Respondent/Complainant 2.Atham Ali
...Respondent/Defacto Complainant
Prayer: Criminal Original Petition is filed under Section 482 Cr.P.C., to call for the records of the impugned charge sheet in C.C.No.28 of 2020 on the file of the learned Judicial Magistrate, Nanguneri and quash the same against these petitioners as illegal. For Petitioners : Mr.S.M.A.Jinnah For R1 : Mr.E.Antony Sahaya Prabahar Additional Public Prosecutor
ORDER
This Criminal Original Petition has been filed to quash the impugned proceedings.
2. According to the prosecution, the accused unlawfully assembled and raised slogans against the Police Department. It is true that they did not indulge in any act of violence. No adverse consequence ensued. However, the petitioners appear to have been very rude in their behaviour towards the Police. I wanted the petitioner to atone for their act.
3. The learned counsel for the petitioner states that the petitioners sincerely regret their behaviour and they have also written a letter to the Eruvadi Police. Continuance of the impugned prosecution is not warranted. The impugned proceedings stand quashed and the Criminal Original Petition is allowed. The benefit of the order will enure in favour of the non-petitioning accused also. Consequently, the connected Miscellaneous Petitions are closed.
Sd/- Deputy Registrar (A/c) // True Copy // / /2022 Sub Assistant Registrar(CS) sn 2/3
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, Eruvadi Police Station, Tirunelveli District.
2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
31.01.2022 sk(CO) GC(24.02.2022) 3P 3C 3/3