Madras High CourtCRL OP(MD)/15992/2020allowed

Irfhan v. The Inspector Of Police

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

Crl.O.P.(MD).No.15992 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.15992 of 2020 1.Irfhan 2.Sikkandhar oli 3.Abdul Rahman 4.Mohamed Najeer @ Mohamed Naseer 5.Abdhul Latheep @ Abdull Lathef ... Petitioners/1 to 5 Accused Vs.

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

(Crime No.91 of 2020) ... Complainant 2.Suppuraj ... Respondents PRAYER: This Criminal Original Petition has been filed under Section 482 of Criminal Procedure Code, to call for the records pertaining to the case in Crime No.91 of 2020 on the file of the first respondent police and quash the same as against this petitioners. For Petitioners :

Mr.B.Arun 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.91 of 2020 of Dindigul Town South Police Station, Dindigul District and quash the same as against the petitioners. 2.A perusal of the First Information Report shows that on 17.02.2020, when the the Village Administrative Officer (2nd respondent) and the first respondent police were on rounds, it is found that the petitioners and others were protesting against the amendments made to the Citizenship Laws. According to the complainant, namely, the Village Administrative Officer (2nd respondent), 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.91 of 2020 of Dindigul Town South Police https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD).No.15992 of 2020 Station, is already completed and charge sheet has also been made ready against the accused for the alleged offences punishable under Sections 143, 341 and 283 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.91 of 2020 on the file of the first respondent, is quashed and the Criminal Original Petition stands allowed. 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, Dindigul Town South Police Station, Dindigul District.

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

Crl.O.P.(MD).No.15992 of 2020 05.01.2021 MK(CO) KB(20.01.2021) 2P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2