Madras High CourtCRL OP(MD)/15854/2020disposed of

Balabharathi v. The Inspector Of Police

2021-01-06Honourable Mrs Justice R. Hemalatha2 pages

Crl.O.P.(MD).No.15854 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 06.01.2021

CORAM:

THE HONOURABLE MRS.JUSTICE R.HEMALATHA Crl.O.P.(MD).No.15854 of 2020 and Crl.M.P.(MD)Nos.7761 and 7762 of 2020 1.Balabharathi 2.Merchy 3.Sarbutheen 4.Ganeshan 5.Boopathi 6.Ajay Ghose 7.Arabu Mohamad 8.Vishnuvarthan 9.Sarathkumar 10.Sachithanantham 11.Vanaja ... Petitioners Vs.

1.The State Represented by The Inspector of Police, Town West Police Station, Dindigul Town, Dindigul District.

(Crime No.46 of 2020) 2.K.Alaguraj ... Respondents PRAYER: This Criminal Original Petition has been filed under Section 482 of Criminal Procedure Code, to call for the entire records in STC.No.627 of 2020 pending on the file of the Judicial Magistrate Court No.1, Dindigul and quash the same in so far as the petitioners are concerned.

For Petitioner : Mr.S.Sarvagan Prabhu For R-1 : Mr.A.Robinson Government Advocate (Crl. side)

O R D E R

The present petition is filed by the petitioners under Section 482 of Cr.P.C., to call for the records pertaining to STC.No.627 of 2020 pending on the file of the Judicial Magistrate Court No.1, Dindigul and quash the same as against the petitioners. 2.A perusal of the First Information Report shows that on 30.01.2020, when the Sub-Inspector of Police (2nd respondent) and the other police attached to Town West Police Station were on rounds, it is found that the accused persons including the present petitioners were protesting against the amendments made to the Citizenship Laws. According to the complainant, namely, the Sub-Inspector of Police, https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD).No.15854 of 2020 Town West Police Station, the petitioners and others by their act had not only committed public nuisance, but also caused hindrance to the free flow of vehicular traffic on the road. 3.Mr.A.Robinson, learned Government Advocate (Crl. side) takes notice for the first respondent. He would contend that the investigation in Crime No.46 of 2020 of Town West Police Station, is already completed and charge sheet has also been filed in STC.No.627 of 2020 before the learned Judicial Magistrate No.1, Dindigul, against the accused for the alleged offences punishable under Sections 143 and 341 IPC.

4.It is to be pointed out that no untoward incident had taken place. The petitioners have organised the pretest and the First Information Report has not disclosed any act of violence. 5.In the circumstances, the charge sheet in STC.No.627 of 2020 before the learned Judicial Magistrate No.1, Dindigul, is quashed and the Criminal Original Petition stands allowed. Consequently, connected miscellaneous petitions are closed. Sd/- Assistant Registrar (crl.side) // 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 West Police Station, Dindigul Town, Dindigul District.

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

Copy to The Judicical Magistrate No.I, Dindigul.

Crl.O.P.(MD).No.15854 of 2020 06.01.2021 VR(CO) KB(25.01.2021) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2