Saipullakhan @ Mohamed Saifullah v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:08.01.2025

CORAM

THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR and Crl.M.P(MD) No.11324 of 2024

1. Saipullakhan @ Mohamed Saifullah

2. Basir Ahamed @ Basheer Ahamed

3. Rabeek Raja

4. Abdul Kadar

5. Abdul Ajish @ Abdul Ajis

6. Ayub Alikhan 7.Zakir Ussain @ Zahir Hussain

8. Naina Mohamed

9. Jagangir @ Jakankirali

10. Mohamed Sabi @ Moahmed Safi

11. Kaja Nazumudeen @ Kaja Najumudeen 12.Shadik @ Sahufar Sadiq

13. Mohamed Kasim

14. Akkap Badusha @ Akbar Badusha

15. Nagur Meera @ Nagoor Meera

16. Abu Bakker @ Aboobacker

17. Ahamed

18. Sahul Hameed

19. Simma Khan

20. Abdul Rahuman Ali @ Abdul Rahman Ali

21. Moahmed Ashath @ Mohamed Azad

22. Ibrahim 23.Sabar Ali

24. Abdul Kala Ashath @Abdul Kalam Asath

25. Khaja Nasumudeen @ Kaja Nagumuthin

26. Seiyadu Ibrahim @ Syed Ibrahim Ali

27. Tamim Ansari

28. Saiyadu Mohamed @ Syed Mohamed 1/9

29. Ravuthar Naina

30. Umar Muktar@ Umar Mukthar

31. Yasin Ahamed

32. Thivan Mohamed @ Thiwan Mohamed

33. Abdul Rahuman

34. Seiyadu Abduthakir

35. Usman Ali

36. Akbar Bathursha @ Akbar Badhusa

37. Karthikeyan

38. Salman Paris 39.Khaja Maideen

40. Selvam Mohamed @ Selva Mohamed

41. Kadar Sulthan

42. Jamil Ahamed

43. Maideen Kadar @ Mohideen Kader

44. Seiyadu Malik @ Syed Maliq 45.Jabir Ashok

46. Sahith Ali @ Shaheed Ali 47.Umar

48. Saiyadu Ibrahim

49. Jamal Mugaideen @ Jamal Mohideen

50. Sheck Alam

51. Sahul Hameed

52. Thasudeen @ Thajuteen

53. Sahabudeen

54. Jabarullahkhan

55. Abdul Nisthar 56.Mohamed Yasir @ Mohamed Yaseen 57.Pandi

58. Habipullakhan @ Habibullakhan

59. Rahamadulla

60. Seiyadu Mohamed

61. Seiyadu Abuthahir

62. Aspullakhan Seiyadu 63.Abbas Ali

64. Sheck Moideen 65.Mohamed Irfan

66. Meerakani @ Meeran Gani

67. Saiyadu Bose@ Syed Bose

68. Kadar @ Kader 2/9

69.Mohamed Ussain @ Mohamed Hussain 70.Bajith Ahamed @ BasithAhamed 71.Sulthan Alavudeen 72.Absul Ajish

73. Sikkandar Basha @ Siccanker Batcha 74.Sahul Hameed

75. Khaja Maideen

76. Satham Ussain @ Mohamed Satham Hussain

77. Sulthan

78. Saiyadu Kasim @ Syed Kasim

79. Abdul Lathip

80. Mister Alikhan

81. Samsudeen @ S.K.Samsudeen

82. Mohamed Ali

83. Tamim @ Thameem Nizar

84. Mohamed Azarudeen

85. Hasik Ali

86. Jamim

87. Abdul Rajith 88.Ravuthar Naina

89. Seiyadu Mohamed @ syed Mahabu Subuhany

90. Mohamed Havush

91. Mohamed Havush

92. Hadar Mugaideen

93. Abdul Jabbar

94. Mohamed Jamim

95. Ayub Ali 96.Mohamed Akbar Ali 97.Seiyadu Abupakkar @ Syed Abubacker

98. Askar Ali

99. Halipathullah @ Halivuthullah

100. Abdul Kadar @ AbdulKader

101. Malik

102. Mohamed Baisal @ Mohamed Faisal 103.Mustappa

104. Ibrahim

105. Towvulath Mohamed @ Thoulath Mohamed

106. Sownthirapandian @ Soundarapandian

107. Sahapudeen

108. Kadar Ibrahim 3/9

109.Mohamed Hathi

110. Mirsha @ Mirza

111. Asan

112. Rabeek Raja

113. Amjath

114. Baruk

115. Abuthahir @ Syed Abuthahir .. Petitioners Vs

1. The Inspector of Police Ilaiyangudi Police Station Sivagangai District

2. Karthikeyan Village Administrative Officer No.17, Ilaiyangudi North Group Ilaiyangudi Taluk Sivagangai District .. Respondents PRAYER : Criminal Original Petition filed under Section 528 of BNSS, to call for the records pertaining to the impugned charge sheet in STC No. 68 of 2022 on the file of the learned District Munsif cum Judicial Magistrate, Ilaiyankudi, Sivagangai district in Crime No. 133 of 2022 on the file of the first respondent police and quash the same as illegal. For Petitioner s : Mr.J.Lawrance For Respondents : Mr.K.Sanjai Gandhi No.1 Government Advocate(Crl.Side) 4/9

ORDER

This Criminal Original Petition has been filed to quash the proceedings in STC No. 68 of 2022 on the file of the learned District Munsif cum Judicial Magistrate, Ilaiyankudi, Sivagangai district

2. The case projected against the petitioners is that the petitioners along with other accused on 31.05.2022 at about 11.30 a.m., unlawfully assembled together near town panchayat office and opposed the construction of new bus stand at Ilaiyangudi, thereby they have restrained the public and obstructed free flow of traffic which caused disturbance to public, hence a case has been registered in Crime No.133 of 2022 for the offences under Sections 143,283,290,291 and 341 of IPC against the accused persons.

3. The contention of the petitioners is that the list of witnesses in the final report are all official witnesses and no public witnesses have been examined in this case. He would further submit that no specific overt act has been attributed as against any of the petitioners herein in the final report and complaint has been received from any public that the petitioners obstructed the free flow of traffic and further no untoward 5/9

incident happened. The learned counsel appearing for the petitioners would further submit that the facts of the case are exactly similar to the case covered in the decision reported in 2018 2 LW (Crl) 606 [Jeevanandham and others vs. The Inspector of Police Velayuthampalayam Police Station, Karur District] dated 20.09.2018 and in the case of Sri Raja vs Inspector of Police, Sivakasi Town Police Station Virudhunagar District and other in batch of cases in Crl.O.P(MD) No.7922 of 2019 dated 30.08.2019

4. The learned Additional Public Prosecutor would submit that the petitioners and others had held protest without getting any permission from the concerned officials. He would fairly submit that this Court in similar grounds quashed the proceedings based on the citations referred by the learned counsel appearing for the petitioners. 5.Heard the learned counsel appearing for the petitioners and the learned Additional Public Prosecutor appearing for the respondent.

6. Perused the materials on record 6/9

7.The facts of this case is similar to the facts covered by the Judgment of this Court reported in 2018 2 LW (Crl) 606 [Jeevanandham and others vs. The Inspector of Police Velayuthampalayam Police Station, Karur District] dated 20.09.2018 and in case of Sri Raja vs Inspector of Police, Sivakasi Town Police Station Virudhunagar District and other in batch of cases in Crl.O.P(MD) No.7922 of 2019 dated 30.08.2019.

8. In the result the Criminal Original Petition stands allowed and the proceedings in STC No. 68 of 2022 on the file of the learned District Munsif cum Judicial Magistrate, Ilaiyankudi, Sivagangai district not only against the petitioners but against all the other accused, who are also similarly placed. Consequently, connected miscellaneous petition is closed.

08.01.2025 NCC : Yes/No Index : Yes / No Internet : Yes / No aav 7/9

To

1. The District Munsif cum Judicial Magistrate, Ilaiyankudi, Sivagangai district

2. The Inspector of Police Ilaiyangudi Police Station Sivagangai District 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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M.NIRMAL KUMAR,J.

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