Madras High Court
V.Mohan vs The Inspector Of Police on 9 July, 2021
Author: M.Nirmal Kumar
Bench: M.Nirmal Kumar
CRL.O.P.No.256 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 09.07.2021
CORAM:
THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR
CRL.O.P.No.256 of 2021
and
Crl.MP.Nos.125 & 126 of 2021
1.V.Mohan
2.K.Arunganthi
3.S.Suresh
4.G.Varatharajan
5.M.Asath ... Petitioners/Accused No.1 to 5
Versus
1.The Inspector of Police,
Tiruvarur Town Police Station,
Tiruvarur District. ..1st respondent/Complainant
(Crime No.122 of 2019)
Page No.1 of 9
https://www.mhc.tn.gov.in/judis/
CRL.O.P.No.256 of 2021
2.Anbarasan,
Inspector of Police,
Tiruvarur Town Police Station,
Tiruvarur District. ...2nd respondent/Defacto Complainant
PRAYER: Criminal Original Petition filed under Section 482 of the Code
of Criminal Procedure, to call for the records relating to STC No.470 of
2019, on the file of learned Chief Judicial Magistrate, Tiruvarur and
quash the same.
For Petitioners : Mr.S.Kumara Devan
For 1st Respondent : Mr.A.Damodaran,
Government Advocate (Crl. Side)
ORDER
The petitioners who were facing trial before the learned Chief Judicial Magistrate, Thiruvarur in STC No.470 of 2019, for offence under Sections 143 and 341 of IPC, have filed the above quash petition.
2.On information, the 2nd respondent/defacto complainant the Inspector of Police, Thiruvarur Town Police Station, Thiruvarur Page No.2 of 9 https://www.mhc.tn.gov.in/judis/ CRL.O.P.No.256 of 2021 District, registered a case in Crime No.122 of 2019 on 08.04.2019 against the petitioners. On completion of investigation, charge sheet came to be filed against them, listing three witnesses as LW1 to LW3 and documents.
3.The gist of the case is that on 08.04.2019 at about 11.00 a.m., near old bus stand roundtana, petitioners without any prior permission from the authorities concerned had unlawfully assembled and obstructed the free movement of traffic and general public, raised slogans and conducted a dharna. When the 2nd respondent intervened and insisted them to disburse, the petitioners/protesters failed to do so. Hence, a complaint was lodged and on completion of investigation, charge sheet came to be filed before the learned Chief Judicial Magistrate, Thiruvarur and the same was taken on file as STC No.470 of 2019.
4.The contention of the petitioners is that in this case, LW1 to LW3 are all police personnels and no private person was examined and cited as witness during investigation. The case of the prosecution is that Page No.3 of 9 https://www.mhc.tn.gov.in/judis/ CRL.O.P.No.256 of 2021 the petitioners assembled without any valid permission they were siting on the road and conducting dharna which is a public place and made protest against government. It is highly improbable that no public witness was present in the place of occurrence and no reason has been given for non examination of public witnesses. In this case, there is no complaint from any public. There is nothing to show that on the date of occurrence, there was any prohibitory order in force and whether that order was communicated in the prescribed manner is also not known. The learned counsel further submitted that this Court on the similar grounds, quashed the proceedings against the accused in the case of “Jeevanandham and others Vs. State Rep. by Inspector of Police and another reported in (2018) 2 LW Crl. 606”.
5.The learned counsel for the petitioners further submitted that the petitioners conducted a protest in a peaceful manner which cannot be construed as unlawful act. Right to Dissent is the Hallmark of Democracy, the petitioners only expressed their displeasure which is their fundamental right. Hence, he prayed for quashing of the proceedings Page No.4 of 9 https://www.mhc.tn.gov.in/judis/ CRL.O.P.No.256 of 2021 against the petitioners.
6.The learned Government Advocate (Crl.side) appearing for the respondents submitted that in this case, a complaint was lodged by the 2nd respondent/ Inspector of Police, Tiruvarur Police Station, Tiruvarur District/LW-1. When he was on patrol duty along with LW2 and LW3 found the petitioners under the leadership of A1, had assembled and raised slogans against the Government and also caused disturbance to the public. Timely intervention of the respondents, further law and problem were averted. The petitioners without getting permission from the authorities concerned have formed themselves into an unlawful assembly restrained the others and caused public disturbance. On completion of investigation, charge sheet has been filed in this case.
7.Considering the rival submissions and on perusal of the materials this Court finds that the petitioners have only raised their objection without getting permission from the authorities concerned have Page No.5 of 9 https://www.mhc.tn.gov.in/judis/ CRL.O.P.No.256 of 2021 formed themselves into an unlawful assembly restrained the others and caused public disturbance. Raising slogans against the Government itself would not amount to any commission of offence, which is a fundamental right under Constitution of India.
8.From the statement of the witnesses, it is seen that LW1 to LW3 present in the scene of occurrence and according to them, the petitioners raised slogans against the Government and nothing more. Admittedly in this case, the occurrence had taken place in the public place and in public view, no public or independent witness examined by the prosecution, which causes serious doubt on the veracity of the complaint. Further, there is no material to show that there was any promulgation of any prohibitory order which was communicated to the public and there was any disobedience by the petitioners. Further, in consequence to the protest, the prosecution failed to show whether any trouble injuries occurred. In this case, the occurrence is on 08.04.2019 on the same day investigation completed and charge sheet filed, causing serious doubts in the manner the investigation conducted. The Page No.6 of 9 https://www.mhc.tn.gov.in/judis/ CRL.O.P.No.256 of 2021 petitioners were only raising slogans and objections on some policy of the Government. In democracy raising such protest is permitted, which is a fundamental right. No public had complained about any wrongful restrain. From the uncontroverted materials, it is seen no offence committed. In view of the same, continuing of proceedings against the petitioners is nothing but abuse of process of law.
9.In the result, the proceedings in STC No.470 of 2019, on the file of the Judicial Magistrate Court, Thiruvarur, is hereby quashed against the petitioners. Consequently, connected Miscellaneous Petitions are closed. Consequently, connected Criminal Miscellaneous Petitions are closed.
09.07.2021 kp Index: Yes/No Internet: Yes/No Page No.7 of 9 https://www.mhc.tn.gov.in/judis/ CRL.O.P.No.256 of 2021 To
1.The Inspector of Police, Tiruvarur Town Police Station, Tiruvarur District.
2. Chief Judicial Magistrate, Tiruvarur.
3.The Public Prosecutor, High Court, Madras.
Page No.8 of 9 https://www.mhc.tn.gov.in/judis/ CRL.O.P.No.256 of 2021 M.NIRMAL KUMAR, J.
kp CRL.O.P.No.256 of 2021 09.07.2021 Page No.9 of 9 https://www.mhc.tn.gov.in/judis/