Madras High Court
Karuppasamy vs The State Represented By on 9 August, 2021
Crl.O.P.(MD)No.10924 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 09.08.2021
CORAM:
THE HONOURABLE MR.JUSTICE G.ILANGOVAN
Crl.O.P.(MD) No.10924 of 2021
and
Crl.M.P.(MD) No.5575 of 2021
1.Karuppasamy
2.Karthick @ Karthick Raja ... Petitioners
Vs.
1.The State represented by
The Inspector of Police,
Virudhunagar East Police Station,
Virudhunagar District.
Crime No.41 of 2018
2.Sivarajapandian . .. Respondents
PRAYER: Criminal Original Petition is filed under Section 482 of
Cr.P.C, to call for the records pertaining to the First Information Report
in Crime No.41 of 2018 on the file of the 1 st respondent police and quash
the same.
For Petitioners : Mr.J.Vishnu
For R1 : Mr.R.M.Anbunithi
Additional Public Prosecutor (Crl.Side)
https://www.mhc.tn.gov.in/judis/
1/7
Crl.O.P.(MD)No.10924 of 2021
ORDER
This Criminal Original Petition is filed seeking a direction to
quash the First Information Report in Crime No.41 of 2018 on the file of
the 1st respondent police.
2.Heard the learned counsel for the petitioners and the learned
Additional Public Prosecutor (Crl.Side) for the 1st respondent.
3.The case of the prosecution is that on 24.01.2018, the petitioners
and others have been staging a road roko agitation demanding of
reducing the bus tickets fare. Hence, a case in Crime No.41 of 2018 for
the offences punishable under Sections 143, 188 and 290 of IPC has been
registered. The petitioners herein are arrayed as accused Nos.3 and 12.
The present petition is filed to quash the First Information Report in
Crime No.41 of 2018.
4.A reading of the FIR shows that the petitioners along with other
persons have been staging a road roko near the place of occurrence
demanding reduction of bus tickets fare. So, on the basis of the complaint
given by the 2nd respondent, a case has been registered for the offences
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Crl.O.P.(MD)No.10924 of 2021
punishable under Sections 143, 188 and 290 of IPC in Crime No.41 of
2018.
5.The fact remains that for the offences punishable under Section
188 IPC, the police officer has no power to register First Information
Report and investigate the matter without proper permission from the
concerned Jurisdictional Magistrate. It is seen that the offence under
Section 188 IPC is non cognizable offence, in respect of which, First
Information Report has been filed by the police and this position has
been settled by this Court in the judgment reported in 2018 2 LW (crl)
606 Jeevanandham and other Vs. Inspector of Police, Sivakasi Town
Police Station, Virudhunagar District], dated 20.09.2018, wherein it
was held that no such power is available to the police officers and series
of directions have been issued to deal with such cases. On this ground,
First Information Report registered under Section 188 IPC is liable to be
quashed.
6.Insofar as Section 143 of IPC is concerned, it must be shown that
there is unlawful assembly as defined under Section 141 of IPC. Section
141 of IPC reads as follows:-
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Crl.O.P.(MD)No.10924 of 2021
“141. Unlawful assembly:- An assembly of five or more
persons is designated an "unlawful assembly", if the common
object of the persons composing that assembly is
First:- To overawe by criminal force, or show of criminal
force, the Central or any State Government or Parliament or the
Legislature of any State, or any public servant in the exercise of the
lawful power of such public servant; or
Second:- To resist the execution of any law, or of any legal
process; or
Third:- To commit any mischief or criminal trespass, or other
offence; or
Fourth:- By means of criminal force, or show of criminal
force, to any person, to take or obtain possession of any property, or
to deprive any person of the enjoyment of a right of way, or of the
use of water or other incorporeal right of which he is in possession
or enjoyment, or to enforce any right or supposed right; or
Fifth:- By means of criminal force, or show of criminal force,
to compel any person to do what he is not legally bound to do, or to
omit to do what he is legally entitled to do.”
7.A reading of the FIR shows that the case has been registered
under Section 143 IPC also. But none of the ingredients as defined under
Section 141 of IPC will attract against the petitioners and others. It is not
an unlawful assembly and the demand is also not unlawful in nature. In a
democratic country, the freedom of expression is well recognised. A
reading of the FIR shows that road block did not turn violent. So, that
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Crl.O.P.(MD)No.10924 of 2021
cannot be considered as unlawful assembly. Similarly, insofar as Section
290 of IPC is concerned, the ingredients must be satisfied, but reading of
the FIR does not satisfy the ingredient of Section 290 of IPC also. It
appears that it is a spontaneous protest that has been made by the
students and because of this, the future of the petitioners should not be
spoiled.
8.In view of the above, I am of the considered view that the First
Information Report in Crime No.41 of 2018 on the file of the first
respondent police is required to be quashed and accordingly, the same is
quashed and the Criminal Original Petition is allowed. Consequently,
connected miscellaneous petition is closed.
09.08.2021
Index : Yes/No
Internet : Yes/No
mm
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.
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Crl.O.P.(MD)No.10924 of 2021
To
1.The Inspector of Police,
Virudhunagar East Police Station,
Virudhunagar District.
2.The Additional Public Prosecutor,
Madurai Bench of Madras High Court,
Madurai.
https://www.mhc.tn.gov.in/judis/
Crl.O.P.(MD)No.10924 of 2021
G.ILANGOVAN. J.
mm
Crl.O.P.(MD)No.10924 of 2021
09.08.2021
https://www.mhc.tn.gov.in/judis/
