Madras High CourtCRL OP(MD)/19128/2021allowed

Niclas v. The Inspector Of Police

2021-12-09Honourable Mr Justice G.R.Swaminathan2 pages

Crl.O.P.(MD)No.19128 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 09.12.2021

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P.(MD)No. 19128 of 2021 and Crl.M.P.(MD)No.10632 of 2021 1.Niclas 2.Jesuraja 3.Siluvai 4.Periyaprati 5.Nagarathinam ... Petitioners/ Accused No.1 to 5 Vs.

1.The State represented by The Inspector of Police, SIPCOT Police Station, Thoothukudi District.

(Crime No.404 of 2021) ... 1st Respondent/ Complainant 2.P.Sankar, Sub Inspector of Police, SIPCOT Police Station, Thoothukudi District.

... 2nd Respondent/ Defacto Complainant Prayer : Criminal Original Petition is filed under Section 482 Cr.P.C., to call for records in Crime No.404 of 2021 pending investigation on the file of the first respondent police and quash the same qua the petitioner.

For Petitioners : Mr.R.Murugan For Respondents : Mr.T.Senthil Kumar Additional Public Prosecutor for R1 and R2

ORDER

This Criminal Original Petition has been filed to quash the FIR in Crime No.404 of 2021 registered on the file of the first respondent for the offences under Sections 143, 269 and 270 IPC. https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.19128 of 2021

2. The case of the prosecution is that the petitioners assembled in violation of lock-down restrictions and demanded that the Sterlite factory should be opened. The incident had taken place on 01.11.2021 at around 12.00 p.m. I had quashed a similar FIR vide order dated 07.12.2021 in Crl.O.P.(MD)No.19339 of 2021. In view of the same, the impugned FIR stands quashed. This Criminal Original Petition is allowed. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar (T&P) // True Copy // / /2021 Sub Assistant Registrar(CS) mga 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, SIPCOT Police Station, Thoothukudi District.

2.The Sub Inspector of Police, SIPCOT Police Station, Thoothukudi District.

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

+1 CC to M/s.R.MURUGAN, Advocate ( SR-38265[F] dated 10/12/2021 ) Crl.O.P.(MD)No.19128 of 2021 and Crl.M.P.(MD)No.10632 of 2021 09.12.2021 MSK(CO) KB(13.12.2021) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2