Madras High CourtCRL OP(MD)/15261/2020allowed

Ahamed Navavi@Agamed Navavi v. The Inspector Of Police

2020-12-21Honourable Mrs Justice J. Nisha Banu2 pages

Crl.O.P(MD)No.15261 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.12.2020

CORAM:

THE HONOURABLE MRS.JUSTICE J.NISHA BANU Crl.O.P(MD)No.15261 of 2020 and Crl.M.P.(MD)No.7372 of 2020 Ahamed Navavi @ Agamed Navavi ..Petitioner/Accused No.23 Vs 1.The State represented by the, Inspector of Police, Subramaniapuram Police Station, Madurai City.

(In Crime No.80 of 2020) ..1st Respondent/Complainant 2.V.Sakthivel ..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.80 of 2020 on the file of the first respondent and quash the same as illegal so far as the petitioner is concerned.

For Petitioner : Mr.A.Mohamed yusuf For R1 : 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.80 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 02.02.2020, 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.80 of 2020 on 03.02.2020.

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.

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Crl.O.P(MD)No.15261 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. 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. Consequently, connected Miscellaneous Petition is closed.

Sd/- Assistant Registrar (AS) // 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, Subramaniapuram Police Station, Madurai City.

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

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