Madras High Court
T. Martin vs State Represented By on 10 November, 2020
Author: J.Nisha Banu
Bench: J.Nisha Banu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 10.11.2020 CORAM:
THE HONOURABLE MRS.JUSTICE J.NISHA BANU Crl.O.P.(MD)No.5196 of 2020 and Crl.M.P.(MD) No.3002 of 2020 T. Martin ... Petitioner/A-3 Vs.
1. State represented by Inspector of Police, Manavalakurichi Police Station, Kanyakumari District.
[Crime No. 275 of 2017] ...R-1/Complainant
2. Muthuraj, Inspector of Police, Manavalakurichi Police Station, Kanyakumari District. ...R-2/Defacto complainant PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to call for the records pertaining to the Charge sheet in STC No.531 of 2018 for the offence under Sections 143, 341 and 188 of IPC pending before the learned Judicial Magistrate, Eraniel, Kanyakumari District and quash the same as illegal as against the petitioner concerned.
For Petitioner : Mr.J. Pandi Dorai
For R-1 : M/s.S.E. Veronica Vincent
Government Advocate (crl. Side)
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ORDER
This Criminal Original Petition has been filed to quash the Charge Sheet in STC No.531 of 2018 pending on the file of the Judicial Magistrate Court, Eraniel, Kanyakumari District as against the petitioner, for the offences under Sections 143, 341 and 188 of IPC.
2. The allegation in the FIR is that, on 08.12.2017 the petitioner and others have staged a demonstration at Manavalakurichi Bridge Kadiyapattinam in favour of missing fisherman due to Okhi cyclone and claimed compensation. After investigation, charge sheet has been filed and the same has been taken cognizance in STC No.531 of 2018 on the file of the Judicial Magistrate Court, Eraniel, Kanyakumari District.
3.The learned counsel for the petitioner would state that on the face of the FIR, it does not make out any offence and the petitioner and others have staged a peaceful demonstration claiming their lawful rights only. He would further state that the issue raised in the present case is covered by the decisions of this Court in CRL.OP(MD)No.3770 of 2012 dt.06.06.2018 and Jeevanantham vs. State reported in 2018(2) K.W. (Crl) 606.
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4. The learned Government Advocate (Crl.Side) would state that without any permission, the petitioner and others have staged demonstration at Manavalakurichi Bridge Kadiyapattinam in favour of missing fisherman due to Okhi cyclone and caused traffic congestion to the public. She would fairly state that no violence or untoward incident had taken place.
5. Heard the learned counsel for the petitioner as well as the learned Government Advocate (Crl.Side) for the 1st respondent.
6. If the assembly of persons were expressing dissatisfaction of the governance and claiming for minimum rights that are guaranteed to a ordinary citizen, to be trifled by registering an FIR under Section 143 of IPC and filing a final report for the very same offence, no democratic dissent can ever be shown by the citizens and such prohibition will amount to violation of fundamental rights guaranteed under the Constitution, which has been decided in the decision relied on by the petitioner reported in 2018 (2) K.W. (Crl) 606, Jeevanantham vs. State. 3/6 http://www.judis.nic.in
7. On the allegation that the petitioner and others have staged a demonstration in favour of missing fishermen due to Okhi cyclone and caused traffic congestion to the public, the present FIR has been lodged against the petitioner and others. After investigation, charge sheet has also been filed. In my opinion, the offences are trivial in nature and no fruitful purpose will be served in allowing criminal proceedings to continue. The learned Government Advocate (crl. Side) has also stated that no violence or untoward incident had taken place and therefore, I am inclined to quash the Charge Sheet in STC No. 531 of 2018.
8. Accordingly, the impugned proceedings in S.T.C.No.531 of 2018, on the file of the learned Judicial Magistrate, Eraniel, Kanyakumari District, are quashed and the Criminal Original Petition is allowed. Consequently, connected miscellaneous petition is also closed.
10.11.2020 Index: Yes/No Internet: Yes/No ksa 4/6 http://www.judis.nic.in In view of the present lock down owing to Note : 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 Judicial Magistrate, Eraniel, Kanyakumari District.
2. The Inspector of Police, Manavalakurichi Police Station, Kanyakumari District.
5/6 http://www.judis.nic.in J.NISHA BANU. J.
ksa Crl.O.P.(MD)No.5196 of 2020 10.11.2020 6/6 http://www.judis.nic.in