Madras High Court
Sheik Syed Ali vs The State Rep. By Sub Inspector Of Police on 11 April, 2023
Author: G.Ilangovan
Bench: G.Ilangovan
1
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
Date of Reservation : 11/04/2023
Date of Pronouncement : 02/08/2023
CORAM:
THE HON'BLE MR JUSTICE G.ILANGOVAN
Crl.OP(MD)No.6578 of 2023
and
Crl.MP(MD)No.5751 of 2023
1.Sheik Syed Ali
2.Allapichai @ Alla Pitchai
3.Mohamed Kasim @ Mohamedkasim
4.Adham Sha @ Adhambava
5.Asan Kathar @ Asankather
6.Sintha Kodi
7.Anwar
8.Mohamed Sherif
9.Syed Sirjithin @ Syed Sirasdeen
10.Mohamed Noorthin @ Mohamed Noordeen
11.Shakul Hamid @ Shahul Hameed
: Petitioners/A1, A2, A4 to A9
A12 and A13
Vs.
The State rep. by Sub Inspector of Police,
Pathamadai Police Station,
Tirunelveli, Tamil Nadu. : Respondent/Complainant
Prayer: Criminal Original Petition has been filed
under section 482 of the Criminal Procedure Code, to call
for the entire record in connection with FIR No.98 of
2022, dated 22.09.2022 and quash the same.
https://www.mhc.tn.gov.in/judis
2
For Petitioners : Mr.M.Bazeerdeen
For Respondent : Mr.B.Nambiselvan
Additional Public Prosecutor
O R D E R
This criminal original petition has been filed seeking quashment of the FIR in Crime No.98 of 2022 on the file of the 1st respondent.
2.The case of the prosecution, as per the de-facto complainant version is that he was working as Sub- Inspector of Police, Pathamadai Police Station, on information, he went to the place of occurrence on 22/09/2021 at about 12.00 pm. At that time, he found the members of the Association called Popular Front of India numbering about 60 and other assembled unlawfully and made demonstration and protect against the search made by the Central Government in the office belongs to the Popular Front of India Association. On the basis of the above said occurrence, a case was registered in Crime No. 98 of 2022 for the offences under sections 143 and 341 IPC.
https://www.mhc.tn.gov.in/judis 3
3.Pending investigation, this petition has been filed by the petitioners seeking quashment on the ground that they made a protest, which was permitted democratically.
4.Heard both sides.
5.Even though, the protest that was made by the petitioners, condemning the search made by the Central Government Agencies, the fact remains that now the above said organization has been banned by the Central Government, by notification, dated 27/09/2022.
6.In view of the above facts, this petition cannot be entertained and accordingly, it is liable to be dismissed.
7.In the result, this criminal original petition stands dismissed. Consequently, connected Miscellaneous Petition is closed.
02/08/2023 Index:Yes/No Internet:Yes/No er https://www.mhc.tn.gov.in/judis 4 To,
1.The Sub Inspector of Police, Pathamadai Police Station, Tirunelveli.
2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
https://www.mhc.tn.gov.in/judis 5 G.ILANGOVAN, J er Crl.OP(MD)No.6578 of 2023 02.08.2023 https://www.mhc.tn.gov.in/judis