Madras High CourtCRL OP(MD)/15317/2020allowed

Mujibur Rahuman v. The Sub Inspector Of Police

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

Crl.O.P(MD)No.15317 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.15317 of 2020 and Crl.M.P.(MD)No.7419 of 2020 Mujibur Rahuman ..Petitioner/Accused No.1 Vs 1.State Represented by The Sub Inspector of Police, Vilakkuthoon Police Station, Madurai City.

(In Crime No.1250 of 2020) ..1st Respondent/Complainant 2.Ramesh, Sub Inspector of Police, Vilakkuthoon Police Station, Madurai City.

..2nd Respondent/Defacto Complainant PRAYER: Petition filed under Section 482 Code of Criminal Procedure, to call for the records FIR in Crime No.1250 of 2020 dated 30.09.2020 on the file of the respondent police and quash the same as against the petitioners.

For Petitioner : Mr.A.Raja Mohamed 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.1250 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 30.09.2020, the petitioner along with others had conducted a demonstration against the new EIA Act. Hence, the first respondent police has registered Crime No.1250 of 2020 on 30.09.2020 under Sections 143, 188 and 270 IPC, 1860 r/w Sec 3 of Epidemic Diseases Act 1897.

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.15317 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 petitioner but also the non-petitioning accused. Consequently, connected Miscellaneous Petition is closed.

Sd/- Assistant Registrar (AE) // 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 Sub Inspector of Police, Vilakkuthoon Police Station, Madurai City.

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

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