Madras High Court
Syed Ahamed vs The State Represented By on 28 April, 2022
Crl.O.P.No.9265 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 28.04.2022
CORAM :
THE HONOURABLE MR. JUSTICE A.D.JAGADISH CHANDIRA
Crl.O.P.No.9265 of 2022
and
Crl.M.P.No.5399 of 2022
Syed Ahamed ... Petitioner
Vs.
The State Represented by:-
The Inspector of Police,
T-4, Madhuravoyal Police Station,
Anna Nagar. ... Respondent
PRAYER : Criminal Original Petition is filed under Section 482 Cr.P.C.,
pleased to call for the records and quash the proceedings as against the
petitioners in Crime No.1593 of 2020, pending on the file of the respondent.
For Petitioner : Mr.H.Thameen Ansari
For Respondent : Mr.A.Gokulakrishnan
Additional Public Prosecutor.
1/6
https://www.mhc.tn.gov.in/judis
Crl.O.P.No.9265 of 2022
ORDER
This Criminal Original Petition has been filed seeking to call for the
records and quash the proceedings as against the petitioners in Crime No.1593
of 2020, pending on the file of the respondent.
2. The case of the prosecution is that on 06.12.2020, around 10.30
a.m., the respondent police, during the patrol checkup, found that people
belonging to SDPI party, headed by the petitioner, had protested against
demolition of Babri Masjid and raised slogans without any permission during
the Covid-19 lockdown period and thereby, causing hindrance to the traffic and
the public. A suo moto case has been registered in Crime No.1593 of 2020
against the petitioner and others for the offences under Sections 143 and 341 of
IPC. The said Criminal Proceedings is under challenge in this Criminal
Original Petition.
3. The learned counsel appearing for the petitioner 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
https://www.mhc.tn.gov.in/judis
Crl.O.P.No.9265 of 2022
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 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
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.
https://www.mhc.tn.gov.in/judis
Crl.O.P.No.9265 of 2022
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
purpose will be served by allowing the proceedings in Crime No.1593 of 2020
to be continued against the petitioner and other accused also.
https://www.mhc.tn.gov.in/judis
Crl.O.P.No.9265 of 2022
10. Accordingly, the Criminal Original Petition stands allowed and
considering the facts and submissions, the proceedings in Crime No.1593 of
2020, pending on file of the respondent police is hereby quashed.
Consequently, the connected miscellaneous petition is closed.
28.04.2022
rgi
Index :Yes/No
Internet:Yes/No
To
1. The Inspector of Police,
T-4, Madhuravoyal Police Station,
Anna Nagar.
2. The Public Prosecutor,
High Court of Madras.
https://www.mhc.tn.gov.in/judis
Crl.O.P.No.9265 of 2022
A.D.JAGADISH CHANDIRA.J,
rgi
Crl.O.P.No.9265 of 2022
and Crl.M.P.No.5399 of 2022
28.04.2022
https://www.mhc.tn.gov.in/judis
