Madras High Court
Peer Maideen vs The Sub Inspector Of Police on 5 October, 2020
Author: G.R.Swaminathan
Bench: G.R.Swaminathan
Crl.O.P(MD)No.10774 of 2020
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 05.10.2020
CORAM :
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN
Crl.O.P(MD) No.10774 of 2020
and
Crl.M.P(MD) No.4906 of 2020
Peer Maideen ... Petitioner
Vs.
1.The Sub Inspector of Police
Thirupullani Station,
Ramanathapuram District.
Crime No. 54 of 2020.
2.Panner Selvam (not known)
Village Administrative Officer
Thirupullani Group,
Ramanathapuram District. ... Respondents
Prayer: This Criminal Original Petition is filed under Section 482 of
Cr.P.C., to call for the records pertaining to the FIR in Crime No.54 of
2020, on the file of the 1st respondent police under Sections 143, 341
and 290 IPC and quash the same as illegal as against this petitioner.
For Petitioner : Mr.S.A.S.Alaudeen
For R-1 : M/s.S.E.Veronica Vincent
Government Advocate (Crl. Side)
http://www.judis.nic.in
1/4
Crl.O.P(MD)No.10774 of 2020
ORDER
Heard, the learned counsel appearing for the petitioner and the learned Government Advocate (Criminal side) appearing for the first respondent.
2.This Criminal Original Petition has been filed for quashing the First Information Report in Crime No.54 of 2020 registered on the file of Thirupullani Police Station. The second respondent / Village Administrative Officer is the de-facto complainant.
3. The gist of the First Information Report is that on 06.03.2020, at about 5.00 p.m. the petitioner along with other Office bearers of the Political party had assembled a group of people in violation of the prohibitory orders to protest against the recent amendments made to the Citizenship Laws.
4.The case of the respondent is that the petitioner by his acts had committed public nuisance. He had also caused interference with the free flow of general traffic.
http://www.judis.nic.in 2/4 Crl.O.P(MD)No.10774 of 2020
5.Though, there are prima facie materials to justify the registration of the First Information Report, I am of the view that its continuance is not warranted. This is because no untoward incident had taken place. The country had witnessed protests all over by different sections of people against the said amendments. The petitioner is a member of political party. Therefore, he had also organised a protest. Since the protest was peaceful and even the First Information Report does not disclose any act of violence or happening of untoward incident, I am of the view that the continued prosecution is not warranted. Quashing the same will secure the ends of justice.
6. Hence, the First Information Report impugned in this petition stands quashed. The Criminal Original Petition stands allowed. The benefit of this order will enure not only for the petitioner but also the non-petitioning accused. Consequently, connected miscellaneous petition is closed.
05.10.2020 Index : Yes/No Internet:Yes/No rm http://www.judis.nic.in 3/4 Crl.O.P(MD)No.10774 of 2020 G.R.SWAMINATHAN, J.
rm 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 Sub Inspector of Police Thirupullani Station, Ramanathapuram District.Crl.O.P(MD)No.10774 of 2020
05.10.2020 http://www.judis.nic.in 4/4