Madras High CourtCRL OP(MD)/15850/2020allowed

Vanjinathan @ S.Vanchinathan v. The Inspector Of Police

2021-01-04Honourable Mrs Justice R. Hemalatha2 pages

Crl.O.P.(MD).No.15850 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 04.01.2021

CORAM:

THE HONOURABLE MRS.JUSTICE R.HEMALATHA Crl.O.P.(MD).No.15850 of 2020 and Crl.M.P.(MD)No.7759 of 2020 Vanjinathan @ S.Vanchinathan (Wrongly mentioned as Vanjinathan in Crime No.146 of 2020 instead of S.Vanchinathan) ... Petitioner Vs.

1.The State Represented by The Inspector of Police, S.S.Colony Police Station, Madurai City,Madurai District.

(In Crime No.146 of 2020) ... 1st Respondent/Complainant 2.K.Mahendran ... 2nd Respondent/Defacto Complainant PRAYER: This Criminal Original Petition has been filed under Section 482 of Criminal Procedure Code, to call for the entire records pertaining to the impugned First Information Report in Crime No.146 of 2020, dated 30.01.2020 on the file of the first respondent police station and quash the same as against the petitioner concerned as illegal.

For Petitioner : Mr.R.Karunanidhi For Respondents : Mr.R.Erottuchamy Government Advocate (Crl. side)

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.146 of 2020 of S.S.Colony Police Station, Madurai and quash the same as against the petitioner.

2.A perusal of the First Information Report shows that on 30.01.2020, when the Sub-Inspector of Police (2nd respondent) and the other police attached to S.S.Colony Police Station were on rounds, https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD).No.15850 of 2020 it is found that six persons including the present petitioner were protesting against the amendments made to the Citizenship Laws. According to the complainant, namely, the Sub-Inspector of Police, S.S.Colony 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. 3.Mr.R.Erottuchamy, learned Government Advocate (Crl. side) takes notice for the respondents. He would contend that the investigation in Crime No.146 of 2020 of S.S.Colony Police Station, is already completed and charge sheet has also been made ready against the accused for the alleged offences punishable under Sections 143, 341, 290 of IPC and Sections 71A(1), 73 of Tamil Nadu City Police Act.

4.It is to be pointed out that no untoward incident had taken place. The petitioner is a practicing Advocate and also a member of a political party. 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.146 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(AD-II) /True copy/ Sub Assistant Registrar(CS- ) 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.

1. The Inspector of Police, S.S.Colony Police Station, Madurai City,Madurai District.

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

Crl.O.P.(MD).No.15850 of 2020 04.01.2021 sji PK/18.01.2021 : 2P/3C https://hcservices.ecourts.gov.in/hcservices/ 2/2