Madras High CourtCRL OP(MD)/15410/2020disposed of

Mr.A.Kanagaraju v. The Inspector Of Police

2020-12-22Honourable Mrs Justice J. Nisha Banu2 pages

Crl.O.P(MD)No.15410 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.12.2020

CORAM:

THE HONOURABLE MRS.JUSTICE J.NISHA BANU Crl.O.P(MD)No.15410 of 2020 and Crl.M.P(MD).No.7487 of 2020 A.Kanagaraju ... Petitioner/Accused No.17 Vs 1.The Inspector of Police, Town North Police Station, Dindigul District, Dindigul.

(Crime No.82 of 2019) ... 1st Respondent/Complainant 2.J.Mahesh ... 2nd Respondent/Defacto Complainant PRAYER: Petition filed under Section 482 Code of Criminal Procedure, to call for the records pertaining to the First Information Report in Crime No.82 of 2019 dated 28.01.2019 on the file of the first respondent and quash the same as illegal as against the petitioner alone.

For Petitioner : Mr.T.Lajapathi Roy For R-1 : Mr.V.Neelakandan Additional Public Prosecutor (Crl.side)

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.82 of 2019, 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 28.01.2019, the petitioner along with others had conducted a demonstration against the JACTO JIO. Hence, the first respondent police has registered Crime No.82 of 2019 on 28.01.2019. 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.

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Crl.O.P(MD)No.15410 of 2020 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. 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 petitioners but also the non-petitioning accused. Consequently, connected Miscellaneous Petition is closed.

Sd/- Assistant Registrar (P & A) // True Copy // / /2021 Sub Assistant Registrar(CS) rmk 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, Town North Police Station, Dindigul District, Dindigul.

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

+1cc to Mr.T.Lajapathi Roy, Advocate Sr.No.27171 Crl.O.P(MD)No.15410 of 2020 22.12.2020 PU(CO) NR (03/02/2021) 2P : 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2