Ghose Alisha v. The Inspector Of Police

Crl.O.P(MD)No.15676 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.12.2020

CORAM:

THE HONOURABLE MRS. JUSTICE J.NISHA BANU Crl.O.P(MD)No.15676 of 2020 and Crl.M.P.(MD) No.7676 of 2020 Ghose Alisha :Petitioner/ Accused No.13 Vs 1.The State represented by The Inspector of Police, South Gate Police Station, Madurai City, Madurai.

(In Crime No.190 of 2020) :Respondent No.1/Complainant 2.Mr.John Sub Inspector of Police, South Gate Police Station, Madurai City, Madurai District.

:Respondent No.2/Defacto Complainant PRAYER: Petition filed under Section 482 of Code of Criminal Procedure, to call for the entire records pertaining to the impugned First Information Report in Crime No. 190 of 2020, on the file of the respondent No.1 police station and quash as against the petitioner is concerned.

For Petitioner : Mr.R.Karunanidhi For R1 : Mr.V.Neelakandan Additional Public Prosecutor (Crl.side)

O R D E R

Heard the learned counsel appearing 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. 190 of 2020, on the file of the respondent No.1. The second respondent/Sub Inspector of Police is the de-facto complainant.

3. The gist of the First Information Report is that on 11.03.2020, the petitioner and others had conducted a demonstration against the Amendment of CAA (Citizenship Amendment Act) and NRC (National Register Citizenship) near Kuppupillaithoppu Junction, Southveli Veethi, Madurai. Hence, the first respondent police has registered First Information Report in Crime No.190 of 2020 on the same day for the alleged offences under Sections 143, 291, 341, 353 IPC.

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Crl.O.P(MD)No.15676 of 2020 4.The case of the respondent is that the petitioner by his acts had committed public nuisance. He had also caused interference with the free flow of general traffic.

5.Though, there are prima facie materials to justify the registration of the First Information Report, I am of the view that 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 impugned First Information Report impugned in Crime No.190 of 2020, on the file of the respondent No.1 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. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar (AD-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, South Gate Police Station, Madurai City, Madurai.

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

Crl.O.P(MD)No.15676 of 2020 and Crl.M.P.(MD) No.7676 of 2020 23.12.2020 VB (08.01.2021) 2P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2