Madras High CourtCRL OP(MD)/15998/2020allowed

Nabil Ahamed v. The Inspector Of Police

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

Crl.O.P.(MD).No.15998 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.15998 of 2020 and Crl.M.P.(MD)No.7950 of 2020 1.Nabil Ahamed 2.Ayoof Khan 3.Thavootheen 4.Ahamed Thavob 5.Sunufar 6.Sameer 7.Yasar Arabath 8.Jaheer Usane 9.Kadher 10.Beema Nasar 11.Seibunisha 12.Fathima 13.Shyla 14.Fathima Barhana 15.Sunaitha 16.Hasa Beevi 17.Harsitha 18.Multhasin 19.Mydeen Roobina 20.Aanisha ... Petitioners Vs.

1.The State Represented by The Inspector of Police, Nesamony Nagar Police Station, Kanyakumari District.

(In Crime No.162 of 2019) 2.S.Jaganathan ... Respondents 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.162 of 2019, on the file of the first respondent and quash the same as illegal.

For Petitioners : Mr.S.M.A.Jinnah For R1 : Mr.S.Chandrasekar Additional Public Prosecutor

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 Crime No.162 of 2019 of Nesamony Nagar Police Station, Kanyakumari District and quash the same as against the petitioners. https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD).No.15998 of 2020 2.A perusal of the First Information Report shows that on 17.12.2019, when the Sub-Inspector of Police (2nd respondent), Nesamony Nagar Police Station with his men was on rounds, it is found that the petitioners along with others were protesting against the amendments made to the Citizenship Laws. According to the complainant, namely, the Sub-Inspector of Police, Nesamony Nagar 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.S.Chandrasekar, learned Additional Public Prosecutor takes notice for the first respondent. He would contend that the investigation in Crime No.162 of 2019 of Nesamony Nagar Police Station, is already completed and charge sheet has also been made ready against the accused for the alleged offences punishable under Sections 143, 283 and 341 of 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 also do not disclose any act of violence. 5.In the circumstances, the First Information Report in Crime No.162 of 2019 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 (AS) // 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 Inspector of Police, Nesamony Nagar Police Station, Kanyakumari District 2.The Additional Public Prosecutor, Madurai Bench of Madras High Court,Madurai.

Crl.O.P.(MD).No.15998 of 2020 05.01.2021 KUN(CO) KB(20.01.2021) 2P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2