Madras High Court
K.Veeramani vs State Rep.By The on 24 January, 2022
CRL.O.P.No.24401 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 24.01.2022
CORAM:
THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR
CRL.O.P.No.24451 of 2021
and
CRL.M.P.Nos.13472 & 13473 of 2021
1. K.Veeramani
2. Anburaj
3. Inbakani
4. Paneerselvam
5. S.Prince Ennarasu Periyar
6. Pulavar Kavignar ...Petitioners
Versus
State Rep.by the
Inspector of Police
Egmore Police Station,
Chennai - 06
(Crime No.41 of 2019) ...Respondent
PRAYER: Criminal Original Petition filed under Section 482 of the
Code of Criminal Procedure, to call for the records relating to
C.C.No.1159 of 2021 on the file of XIV Metropolitan Magistrate,
Egmore and quash the same.
For Petitioners : Mr.S.Kumara Devan
For Respondent : Mr.E.Raj Thilak
Additional Public Prosecutor
Page No.1 of 7
https://www.mhc.tn.gov.in/judis
CRL.O.P.No.24401 of 2021
ORDER
This Criminal Original Petition has been filed to call for the
records pertaining to the charge sheet in C.C.No.1159 of 2021 on the file
of XIV Metropolitan Magistrate, Egmore and quash the same as illegal.
2. The case of the prosecution is that the de-facto complainant
preferred a complaint before the respondent Police stating that he is
working as an Inspector in the respondent Police Station. While so, on
07.02.2019 at about 10.30 a.m., during the patrol at Egmore Railway
Station, North, near statue of Maniyammaiyar, under the head of the first
petitioner, the other petitioners and 107 members assembled unlawfully,
without obtaining any prior permission from the Government to protest
and caused nuisance to the public. Hence, the respondent lodged a
complaint against them and an FIR came to be registered in Crime No.41
of 2019 for the offences under Sections 143, 290 and 285 of I.P.C and 41
of Tamil Nadu Police Act. Further, the respondent-Police filed a Charge
Sheet in C.C.No.1159 of 2021 on the file of the Hon'ble XIV
Metropolitan Magistrate Court, Egmore against the petitioners for the
https://www.mhc.tn.gov.in/judis
CRL.O.P.No.24401 of 2021
alleged offences under Sections 143 of I.P.C, 41 of Tamil Nadu City
Police Act and 7(1)(a) of Criminal Law Amendment Act, 2005.
3. The learned counsel appearing for the petitioner submitted that
the Hon'ble Apex Court has held that the “Informant should not be an
Investigation Officer for the reason that the fair investigation is not done
by the Investigation Officer. He further submitted that the Hon'ble Apex
Court and various judgments of various High Court categorically held
that a fair investigation is very foundation of fair trial. Hence, a fair trial
to an accused is a constitutional right guaranteed under Article 21 of
Constitution of India. Further, he submitted that the petitioners or any
other members had never involved in any unlawful assembly and there is
no evidence that the petitioners or others restrained anybody. The
petitioners have conducted the protest in a peaceful manner and have not
caused any nuisance to the public. When there was lot of members
involved in the protest, the respondent police had registered this case, as
against the petitioners and others. Therefore, he sought for quashing the
proceeding.
https://www.mhc.tn.gov.in/judis
CRL.O.P.No.24401 of 2021
4. Per contra, the learned Additional Public Prosecutor submitted
that the petitioners along with others assembled in large numbers and
there are specific allegations as against the petitioners to proceed with
the trial. Therefore, he vehemently opposed the quash petition and prayed
for dismissal of the same.
5. Heard the learned counsel for the petitioner and the learned
Additional Public Prosecutor appearing for the respondent.
6. On perusal of the charge, it is seen that the petitioner along with
other accused without getting prior permission from the concerned
authority assembled and blocked the road. Therefore, the respondent
police levelled the charges under Sections 143 of I.P.C, 41 of Tamil Nadu
City Police Act and 7(1)(a) of Criminal Law Amendment Act, 2005.
Except the official witnesses, no public witness has spoken about the
occurrence and no public witness was examined to substantiate the
charges against the petitioner.
https://www.mhc.tn.gov.in/judis
CRL.O.P.No.24401 of 2021
7. In the case on hand, the First Information Report has been
registered by the respondent police for the offences under Sections 143
of I.P.C, 41 of Tamil Nadu City Police Act and 7(1)(a) of Criminal Law
Amendment Act, 2005. Further, the complaint does not even state as to
how the protest formed by the petitioners and others is an unlawful
protest and does not satisfy the requirements of Sections 143 of I.P.C, 41
of Tamil Nadu City Police Act and 7(1)(a) of Criminal Law Amendment
Act, 2005. Therefore, the final report cannot be sustained and it is liable
to be quashed.
8. Accordingly, the proceedings in C.C.No.1159 of 2021 on the file
of the XIV Metropolitan Magistrate, Egmore is quashed as against the
petitioner and the Criminal Original Petition is allowed. Consequently,
connected Miscellaneous Petitions are closed.
24.01.2022
Index: Yes/No
Internet: Yes/No
sp
https://www.mhc.tn.gov.in/judis
CRL.O.P.No.24401 of 2021
To
1.The Inspector of Police
Egmore Police Station,
Chennai - 06
(Crime No.41 of 2019)
2.The Public Prosecutor,
High Court, Madras.
https://www.mhc.tn.gov.in/judis
CRL.O.P.No.24401 of 2021
M.NIRMAL KUMAR, J.
sp
CRL.O.P.No.24451 of 2021
and
CRL.M.P.Nos.13472 & 13473 of 2021
24.01.2022
https://www.mhc.tn.gov.in/judis
