Madras High CourtCRL OP(MD)/15243/2020allowed

Mohamed Yasin v. The Inspector Of Police

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

Crl.O.P.(MD)No.15243 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.15243 of 2020 and Crl.M.P.(MD)No.7360 & 7362 of 2020 1.Mohamed Yasin 2.Bashir Ahamed 3.Raja Mohamed 4.Hanifa 5.Abdullah 6.Iliyaash 7.Anverdeen 8.Syed Ibrahim ... Petitioners Vs.

1.State Represented by The Inspector of Police, Mimisal Police Station, Pudukottai.

(In Crime No.27 of 2020) 2.T.Ayyappan, Sub-Inspector of Police, Mimisal Police Station, Pudukkottai.

... Respondents PRAYER: Petition filed under Section 482 Cr.P.C., to call for the records in S.T.C.No.336 of 2020 on the file of the learned Judicial Magistrate, Aranthangi, Pudukkottai, and quash the same as against the petitioners.

For Petitioners : Mr.A.Raja Mohamed For R1 : Ms.S.E.Veronica Vincent, Government Advocate.

O R D E R

Heard the learned counsel appearing for the petitioners and the learned Government Advocate appearing for the first respondent. 2.This Criminal Original Petition has been filed to quash the case in S.T.C.No.336 of 2020 on the file of the learned Judicial Magistrate, Aranthangi, Pudukkottai. The second respondent / Sub Inspector of Police is the de-facto complainant. 3.The gist of the charge sheet is that on 01.03.2020, the petitioners along with others had conducted a demonstration against https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.15243 of 2020 the Amendment of CAA (Citizenship Amendment Act) and NRC (National Register Citizenship).

4.The case of the respondent is that the petitioners by their 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 filing of the charge sheet, 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 charge sheet 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 charge sheet 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 petitions are closed.

Sd/- Assistant Registrar(CO) // True Copy // / /2021 Sub Assistant Registrar(CS) gns 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 Judicial Magistrate, Aranthangi, Pudukkottai 2.The Inspector of Police, Mimisal Police Station, Pudukottai.

3. Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. Crl.O.P(MD)No.15243 of 2020 21.12.2020 SJ(CO) TR(08.01.2021) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2