Madras High CourtCRL OP(MD)/15979/2020allowed

Syed Ibrahim v. The Sub Inspector Of Police

2021-01-05Honourable Mrs Justice R. Hemalatha2 pages

Crl.O.P.(MD).No.15979 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 05.01.2021

CORAM:

THE HONOURABLE MRS.JUSTICE R.HEMALATHA Crl.O.P.(MD).No.15979 of 2020 and Crl.M.P.(MD)No.7903 of 2020 Syed Ibrahim ... Petitioner/Accused No.1 Vs.

1.The State Represented by The Sub-Inspector of Police, Rajapalayam North Police Station, Virudhunagar.

(In Crime No.2 of 2020) ... 1st Respondent/Complainant 2.Mr.G.Venkatesh ... 2nd Respondent/Defacto Complainant PRAYER: This Criminal Original Petition has been filed under Section 482 of Criminal Procedure Code, to call for the records of the First Information Report in Crime No.02 of 2020, dated 03.01.2020 on the file of the respondent police and quash the same as against the petitioner.

For Petitioner : Mr.A.Rajamohamed For R1 : Mr.S.Chandrasekar Additional Public Prosecutor

O R D E R

The present petition is filed by the petitioner under Section 482 of Cr.P.C., to call for the records pertaining to Crime No.02 of 2020 of Rajapalayam North Police Station, Virudhunagar and quash the same as against the petitioner.

2.A perusal of the First Information Report shows that on 03.01.2020, when the Sub-Inspector of Police (2nd respondent), Rajapalayam North Police Station with his men was on rounds, it is found that the petitioner along with some other persons were protesting against the amendments made to the Citizenship Laws. According to the complainant, namely, the Sub-Inspector of Police, Rajapalayam North Police Station, the petitioner 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. https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD).No.15979 of 2020 3.Mr.S.Chandrasekar, learned Additional Public Prosecutor takes notice for the first respondent. He would contend that the investigation in Crime No.02 of 2020 of Rajapalayam North Police Station, is already completed and charge sheet has also been made ready against the accused for the alleged offences punishable under Sections 143 and 341 of IPC.

4.It is to be pointed out that no untoward incident had taken place. The petitioner is a local Jamath Leader. The petitioner has organised the pretest and the First Information Report has not disclosed any act of violence.

5.In the circumstances, the First Information Report in Crime No.02 of 2020 on the file of the first respondent, is quashed and the Criminal Original Petition stands allowed. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(Records) // True Copy // / /2021 Sub Assistant Registrar(CS) sji 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 Sub-Inspector of Police, Rajapalayam North Police Station, Virudhunagar.

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

Crl.O.P.(MD).No.15979 of 2020 05.01.2021 mk(CO) TR(20.01.2021) 2P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2