Madras High Court
N.Karthick vs The State Represented By on 25 April, 2022
Crl.O.P.No.9552 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 25.04.2022
CORAM :
THE HONOURABLE MR. JUSTICE A.D.JAGADISH CHANDIRA
Crl.O.P.No.9552 of 2022
and
Crl.M.P.Nos.5572 & 5575 of 2022
N.Karthick ... Petitioner
Vs.
1. The State Represented by:-
The Inspector of Police,
Race Course Police Station,
Coimbatore.
(Crime No. 62 of 2020)
2. A.Sakthivel ... Respondents
PRAYER : Criminal Original Petition is filed under Section 482 Cr.P.C.,
pleased to call for the records in S.T.C.No.4308 of 2021, on the file of the
learned Judicial Magistrate No.I, Coimbatore and quash the same.
For Petitioner : Mr.G.R.Deepak
For R1 : Mr.A.Gokulakrishnan
Additional Public Prosecutor.
1/6
https://www.mhc.tn.gov.in/judis
Crl.O.P.No.9552 of 2022
ORDER
This Criminal Original Petition has been filed to call for the records
in S.T.C.No.4308 of 2021, on the file of the learned Judicial Magistrate No.I,
Coimbatore and quash the same.
2. The case of the prosecution is that on 29.01.2020, at around 11.00
am before the office of the South Tahsildar, Coimbatore, the petitioner
belonging to DMK party and also a Member of Legislative Assembly of
Singanallur Constituency, Coimbatore and 419 other persons had gathered
together and started protesting against the Coimbatore Corporation and raised
slogans without any permission and thereby, causing hindrance to the traffic
and the public. Based on the complaint, a case has been registered in Crime
No.62 of 2020 against the petitioner and others for the offences under Sections
143 and 341 of IPC and charge sheet has been filed in S.T.C.No.4308 of 2021
on the file of the learned Judicial Magistrate No.I, Coimbatore District. The
said Criminal Proceedings is under challenge in this Criminal Original Petition.
https://www.mhc.tn.gov.in/judis
Crl.O.P.No.9552 of 2022
3. The learned counsel appearing for the petitioners would submit that the
facts of the case are similar to the case covered in the decision reported in 2018
2 LW (Crl) 606 [Jeevanandham and others vs. The Inspector of Police
Velayuthampalayam Police Station, Karur District] dated 20.09.2018 and in
the case of Sri Raja vs Inspector of Police, Sivakasi Town Police Station
Virudhunagar District and other in batch of cases in Crl.O.P(MD) No.7922
of 2019 dated 30.08.2019.
4. Mr.A.Gokulakrishnan, learned Additional Public Prosecutor
appearing for the first respondent would submit that the facts of the case are
similar to the facts covered under the Judgment referred above.
5. Heard the learned counsel and perused the materials available on
record.
6.The facts of this case is similar to the facts covered by the Judgment
of this Court reported in 2018 2 LW (Crl) 606 [Jeevanandham and others Vs
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Crl.O.P.No.9552 of 2022
The Inspector of Police Velayuthampalayam Police Station, Karur
District] dated 20.09.2018 and in the case of Sri Raja Vs Inspector of Police,
Sivakasi Town Police Station Virudhunagar District and other in
Crl.O.P(MD) No.7922 of 2019 etc batch dated 30.08.2019.
7. Further, Section 143 of IPC defines punishment as under:-
''143. Punishment —
Whoever is a member of an unlawful assembly, shall be
punished with imprisonment of either description for a
term which may extent to six months, or with fine, or
with both.''
8. The expression "unlawful assembly" is defined in Section 141 of
IPC and any member of the said unlawful assembly is punishable under Section
143 of IPC. If the object of the assembly is not unlawful, the Act cannot attract
Section 141 of IPC. Thereby any person forming such assembly cannot neither
be convicted under Section 143 of IPC nor can be convicted either under
Section 147 or Section 149 of IPC.
9. In view of the above, this Court is of the opinion that no useful
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Crl.O.P.No.9552 of 2022
purpose will be served by allowing the proceedings to be continued against the
petitioner and other accused also.
10. Accordingly, the Criminal Original Petition stands allowed and
considering the facts and submissions, the proceedings in S.T.C.No.4308 of
2021, pending on file of the learned Judicial Magistrate No.I, Coimbatore is
hereby quashed. Consequently, the connected miscellaneous petitions are
closed.
25.04.2022
rgi
Index :Yes/No
Internet:Yes/No
To
1. The Inspector of Police,
Race Course Police Station,
Coimbatore.
2. The Public Prosecutor,
High Court of Madras.
A.D.JAGADISH CHANDIRA.J,
https://www.mhc.tn.gov.in/judis
Crl.O.P.No.9552 of 2022
rgi
Crl.O.P.No.9552 of 2022
and Crl.M.P.Nos.5572 & 5575 of 2022
25.04.2022
https://www.mhc.tn.gov.in/judis
