Madras High CourtCRL OP(MD)/14499/2021allowed

Seyadu v. The Inspector Of Police

2022-01-31Honourable Mr Justice G.R.Swaminathan3 pages

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.7634 and 7635 of 2021 1.Seyadu 2.Kose Muhaitheen 3.Kamaal 4.Shajahan 5.Muhammad Vappa 6.Muhammad Ali 7.Sheik Meeran 8.F.T.Meera Sha 9.Olappi Meerasha 10.Aarip 11.Salman Faris 12.Beerappa 13.Ajish 14.Hamsha 15.Rasulsha 16.Left Shek 17.Abubakker 18.Alavuthin 19.Jintha 20.Serip 21.M.A.K.Muhaitheen Abdul Kathar 22.Nasar 23.Niyash 24.Kalwath 25.Nazeer Muhaitheen 26.Rashith 27.Ayubhan 28.Bakrutheen 29.Anwar Sathath 30.Salavuthin 31.Reema Baisan 32.Mahin Abubaker 33.M.P.H.Peer Muhammad 34.Roshan Sha 35.Abdul Kathar 36.Atham Muhaitheen 37.Prosekan 38.Shafi 39.Rasul

...Petitioners/Accused No.1 to 6-10,15,1820,22,24,26-28,31,38,40,46,48,5255, 57,59,62,65-69,71,75,77,88,89,92,96

1/3

Vs.

1.The State Represented by The Inspector of Police, Eruvadi Police Station, Tirunelveli District.

(Crime No.173 of 2019)

...Respondent/ Complainant

2.S.Bharthipan ...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.35 of 2020 on the file of the learned Judicial Magistrate, Nanguneri and quash the same as illegal against these petitioners. 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 petitioners states that the petitioners sincerely regret their behaviour and they have also written a letter to the Eruvadi Police. Continuation of the impugned prosecution is not warranted. The impugned proceedings stands 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/- Assistant Registrar (CRL) // True Copy // / /2022 Sub Assistant Registrar(CS) sn 2/3

1. The Judicial Magistrate, Nanguneri 2.The Inspector of Police, Eruvadi Police Station, Tirunelveli District.

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

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.

31.01.2022 IMS(CO) KB(15.02.2022) 3P 4C 3/3