The Single Judge Bench of the Madras High Court, comprising Justice A. D. Jagadish Chandira in the case of Ashraf & Anr v. State Represented by The Inspector of Police Chennai has quashed the FIR filed against the members of organization named Campus Friends of India who had assembled and protested against the Management of Indian Institute of Technology for seeking justice for the girl who committed suicide in the IIT campus.
Background of the Case
A First Year girl student had committed suicide by hanging herself in a ceiling fan in her hostel room leaving a suicide note implicating certain names of the Faculty. The petitioners, belonging to a social activist group called Campus Friends of India, had demonstrated a protest in front of the Institution seeking justice for the victim by arrest of the Faculty. In the final report, it has been mentioned that Members of the above organization numbering about 100 persons made a protest without getting prior permission from the authority and they had also raised slogans against the Management of the Institution.
Aggrieved by which the Petitioner filed the present petition to quash the proceedings in pending against them.
Submission of the Petitioner
The Counsel for the Petitioner submitted that in a similar circumstance, this court in Crl.O.P.(MD)No.11785 of 2021 dated 21.09.2021, taking into consideration the right of citizens to protest, had quashed the proceedings.
Submission of the Respondent
The Counsel for the Respondent submitted that one of the accused/A84 in this case has pleaded guilty and the name of A2 is found in the FIR, however, he would fairly submit that no investigation has been done with regard to the identity of the other accused.
Reasoning and Decision of the Court
The Court considered submissions and is of the considered opinion that the Members of the said organisation had assembled and protested against the Management of Indian Institute of Technology and thereby prevented the free flow of general public and traffic but no person from the general public had given any complaint.
The Court made the perusal of the records and found that four named and 96 unknown persons have been mentioned and it is also stated that as a preventive step, the petitioners were arrested and they were taken to the Kotturpuram Police Station and as revealed by the final report, they had been let out in station bail.
The Court also made a confirmation that the statement of witnesses recorded under Section 161 Cr.P.C shows that there is no proper investigation with regard to identity of the persons.
The Court further made its reliance on the case of Ananthasamy @ Anandasamy, Sneka @ Snega Vs. The State in which Madurai Bench of Madras High Court held that there is no prima facie materials are available against the petitioners. It is nothing, but, clear abuse of process of the Court and law. So, this petition is liable to be quashed.
On the basis of above mentioned precedence, the Court held that further proceedings against the petitioners in C.C.No.2962 of 2020 pending on the file of the learned IX Metropolitan Magistrate Court, Saidapet, Chennai is liable to be quashed.
Therefore, the Court disposed of the Petition and consequently, the connected miscellaneous petitions are closed.
Case Details
Case: - Crl.O.P.No.3163 of 2022 and Crl.M.P.Nos. 1419 & 1422 of 2022
Petitioner: - Ashraf & Anr
Respondent: - State Represented by The Inspector of Police Chennai
Judge: Justice A. D. Jagadish Chandira
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