Madras High Court
Susila vs The State Represented By on 6 December, 2021
Author: G.R.Swaminathan
Bench: G.R.Swaminathan
Crl O.P.(MD)No.18504 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 06.12.2021
CORAM
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN
Crl O.P.(MD)No. 18504 of 2021
and
Crl M.P.(MD)No.10205 of 2021
Susila ... Petitioner/
Accused No.1
Vs.
1.The State represented by
The Inspector of Police,
Trichy City Police Station,
Trichy District.
(Crime No.561 of 2021) ... 1st Respondent/
Complainant
2.Mathiyalagan,
Sub Inspector of Police,
Trichy City Police Station,
Trichy District.
... 2nd Respondent/
Defacto Complainant
Prayer : Criminal Original Petition is filed under Section 482 Cr.P.C., to call
for the records pertaining to Crime No.167 of 2020 dated 20.05.2020 on the file
of the Inspector of Police, Tiruchendur Temple Police Station, Thoothukudi
District and quash the same.
For Petitioner : Mr.M.Karunanithi
For Respondents : Mr.T.Senthil Kumar
Additional Public Prosecutor for R1
https://www.mhc.tn.gov.in/judis
1/4
Crl O.P.(MD)No.18504 of 2021
ORDER
This Criminal Original Petition has been filed to quash the impugned FIR in Crime No.561 of 2021 registered on the file of the first respondent for the offences under Sections 341, 269, 270, 285, 290 IPC, Section 3 Epidemic Diseases Act, 1897, Section 134(1)(a) and 135 Tamil Nadu Public Health Act, 1939 and Section 51(b) The Disaster Management Act, 2005.
2. The petitioner is figuring as first accused. The case of the prosecution is that under the leadership of the petitioner, a group of members belonging to a student organization known as ABVP, had burnt the effigy of Hon'ble Chief Minister of West Bengal. This Court can take judicial notice of the fact that after the conclusion of the recent Assembly Elections, post-poll violence was witnessed in West Bengal. The Hon'ble Supreme Court is also seized of the matter. The accused in order to express their protest had resorted to the act of burning of the effigy.
3. The Hon'ble Division Bench of this Court has already held that effigy burning by itself is not an offence. Therefore, registration of the FIR is bad in law. The FIR is quashed in toto. This Criminal Original Petition is allowed. The https://www.mhc.tn.gov.in/judis 2/4 Crl O.P.(MD)No.18504 of 2021 benefit of this order will enure for the non-petitioning accused also. Consequently, connected miscellaneous petition is closed.
06.12.2021
Index : Yes / No
Internet : Yes/ No
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, Trichy City Police Station, Trichy District.
2.Sub Inspector of Police, Trichy City Police Station, Trichy District.
3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
https://www.mhc.tn.gov.in/judis 3/4 Crl O.P.(MD)No.18504 of 2021 G.R.SWAMINATHAN, J.
mga Crl O.P.(MD)No.18504 of 2021 and Crl M.P.(MD)No.10205 of 2021 06.12.2021 https://www.mhc.tn.gov.in/judis 4/4