Madras High Court
K.Irulandi vs The Special Sub Inspector Of ... on 28 September, 2021
Crl.O.P.(MD)No.13801 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 28.09.2021
CORAM:
THE HONOURABLE MR.JUSTICE G.ILANGOVAN
Crl.O.P.(MD) No.13801 of 2021
and
Crl.M.P.(MD)No.7175 of 2021
K.Irulandi ... Petitioner
Vs.
The Special Sub Inspector of Police,
Keela Paralachi Police Station,
Virudhunagar District.
(Crime No. 37/2017) ...Respondent
PRAYER: Criminal Original Petition is filed under Section 482 of
Cr.P.C, to call for the records pertaining to the FIR in crime No.37 of
2017 on the file of the Respondent police, Virudhunagar District and
quash the same against the petitioner.
For Petitioner : Ms.K.Vinothini
For Respondent : Mr.K.Sanjay Gandhi
Government Advocate(Crl side)
1/6
https://www.mhc.tn.gov.in/judis/
Crl.O.P.(MD)No.13801 of 2021
ORDER
This Criminal Original Petition is filed seeking quashment of First
Information Report in Crime No.37 of 2017 on the file of the respondent
police.
2.Heard the learned counsel for the petitioner and the learned
Government Advocate(Crl side) for the respondent.
3.The case of the prosecution is that on 25.04.2017, one
Kalaiselvan along with 24 others have illegally assembled and
participated in a “Mariyal Porattam” and raised slogans against the
Government and demanding waiver of Agricultural loan, without getting
prior permission. Hence, a case in Crime No.37 of 2017 for the offences
punishable under Sections 341, 143 and 188 of IPC has been registered.
The petitioner herein is arrayed as accused No.16. The present petition is
filed to quash the First Information Report in Crime No.37 of 2017.
4.A reading of the FIR shows that the petitioner along with other
persons have been assembled and participated in a “Mariyal Porattam”
https://www.mhc.tn.gov.in/judis/
Crl.O.P.(MD)No.13801 of 2021
and raised slogans against the Government and demanding waiver of
Agricultural loan,near the place of occurrence. So, on the basis of the
complaint given by the respondent, a case has been registered for the
offences punishable under Sections 341, 143 and 188 of IPC in Crime
No.37 of 2017.
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.
https://www.mhc.tn.gov.in/judis/
Crl.O.P.(MD)No.13801 of 2021
6.Insofar as Sections 341 and 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:-
“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.”
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Crl.O.P.(MD)No.13801 of 2021
7.A reading of the FIR shows that the case has been registered
under Sections 341 and 143 IPC also. But none of the ingredients as
defined under Section 141 of IPC will attract against the petitioner 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 cannot be considered as unlawful assembly.
8.In view of the above, I am of the considered view that the First
Information Report in Crime No.37 of 2017 on the file of the 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.
Index : Yes/No 28.09.2021
Internet : Yes/No
ls
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.
https://www.mhc.tn.gov.in/judis/
Crl.O.P.(MD)No.13801 of 2021
G.ILANGOVAN. J.
Ls
To
1. The Special Sub Inspector of Police,
Keela Paralachi Police Station,
Virudhunagar District.
2. The Additional Public Prosecutor,
Madurai Bench of Madras High Court,
Madurai.
Crl.O.P.(MD)No.13801 of 2021
28.09.2021
https://www.mhc.tn.gov.in/judis/
