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Kadhar Basha vs The State Rep. By Its
2021 Latest Caselaw 11383 Mad

Citation : 2021 Latest Caselaw 11383 Mad
Judgement Date : 2 June, 2021

Madras High Court
Kadhar Basha vs The State Rep. By Its on 2 June, 2021
                                                                        Crl.O.P No.8914 of 2021

                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                DATED : 02.06.2021

                                                      CORAM

                              THE HONOURABLE MR. JUSTICE N. SATHISH KUMAR

                                              Crl.OP No.8914 of 2021
                                        and Crl.M.P No.5797 and 5798 of 2021


                    1.Kadhar Basha
                    2.Sathik Basha
                    3.Magapup
                    4.Riyasz Hagamed
                    5.Imthiyash
                    6.Nurbasha
                    7.Shakil
                    8.Asathulla
                    9.Nabish
                    10.Payaz Agamathu                                ... Petitioners

                                                     vs.

                    1.The State Rep. by its
                      The Inspector of Police,
                      Ambur Town Police Station
                      Ambur.
                    2.Privitha
                      The Village Administrative Officer
                      Ambur, Tirupattur District.                    ...Respondents



                    PRAYER: Criminal Original Petition filed under Section 482 of the Code
                    of Criminal Procedure, to call for the entire records in S.T.C No.111 of
                    2020 pending on the file of the Judicial Magistrate, Ambur and quash the
                    same as illegal.
https://www.mhc.tn.gov.in/judis/
                                                                                  Crl.O.P No.8914 of 2021

                                       For Petitioners     : Mr. I.Abdul Basith

                                       For Respondent      : Mr.A.Damodharan
                                                             Counsel for Government of Tamil Nadu
                                                             (Criminal Side)




                                                            ORDER

This Criminal Original Petition has been filed seeking to quash the

proceedings in S.T.C No.111 of 2020 pending on the file of the Judicial

Magistrate, Ambur.

2.The facts of this case is covered by the reported Judgments of this

Court in Jeevanandham and others Vs. State Rep. by Inspector of Police

and another reported in (2018) 2 LW Crl 606 and Sri Raja Vs. State

Rep. By Inspector of Police, Sivakasi Town Police Station,

Virudhunagar District, and another reported in (2019) 2 LW Crl 350.

3. In the considered view of this Court, no offence has been made

out against the petitioners. That apart, it is brought to the notice of this

Court that the Government has taken a policy decision that all the cases https://www.mhc.tn.gov.in/judis/ Crl.O.P No.8914 of 2021

that were registered against those who indulged in protest against the

amendment to Citizenship Act, is going to be withdrawn by the State. In

view of the above, no useful purpose will be served in keeping the

proceedings pending in S.T.C No.111 of 2020, on the file of the Judicial

Magistrate, Ambur and the same is hereby quashed.

4. This Criminal Original Petition is accordingly allowed.

Consequently, connected Miscellaneous Petitions are closed.


                                                                                  02.06.2021

                    Index          : Yes/No
                    Internet       : Yes/No
                    uma



                    To

1.The Judicial Magistrate, Ambur

2. The Inspector of Police, Ambur Town Police Station Ambur.

3.The Public Prosecutor, High Court of Madras, Madras.

https://www.mhc.tn.gov.in/judis/ Crl.O.P No.8914 of 2021

N. SATHISH KUMAR, J.

uma

Crl.O.P. No.8914 of 2021 and Crl.M.P Nos.5797 & 5798 of 2021

02.06.2021

https://www.mhc.tn.gov.in/judis/

 
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