K.Muruganantham vs State Rep.By
2022 Latest Caselaw 9382 Mad

                                                        1

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                              DATED : 27.05.2022

                                                    CORAM

                 THE HONOURABLE MR. JUSTICE D.BHARATHA CHAKRAVARTHY

                                             Crl.O.P No.12801 of 2022
                                                       and
                                             Crl.MP.No.6976 of 2022


              K.Muruganantham                                                 .. Petitioner


                                                       vs.


              State rep.by
              The Sub Inspector of Police
              Virudhachalam Police Station
              Cuddalore District.

              (Crime No.196 of 2020)                                         ..Respondent


              PRAYER: Criminal Original Petition filed under Section 482 of the Code of

              Criminal Procedure, to call for the records pertaining to the First Information

              Report in Crime No.196 of 2020, pending on the file of Respondent Police and

              Quash the same.




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                                                           2



                                     For Petitioner      : Mr.A.Suresh Sakthi Murugan

                                     For Respondent      : Mr.A.Damodaran,
                                                           Additional Public Prosecutor.


                                                       ORDER

The Criminal Original Petition has been filed to quash the FIR in Crime

No.196 of 2020, pending on the file of the respondent.

2. It is seen that the First Information Report is registered for the alleged

offences under Sections 143 and 188 of IPC. Already this Court has categorically

held that there cannot be a registration of an FIR for the offence under Section 188

as per the judgment in Jeevanandham vs State reported in 2018 2 LW (Crl.) 606 .

As far as the offence under Section 143 is concerned, the same relates to the

democratic protest and this Court in the above said judgment of the Jeevanandam

as well as the order in Crl.OP.No.17903 of 2021 as held that the continuation of

the investigation in respect of democratic protest would amount to abuse of

process of law. The learned Additional Public Prosecutor cannot dispute the said

legal position.

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

3. In that view of the same, this Criminal Original Petition is allowed and

the FIR in Crime No.196 of 2020, on the file of the respondent is quashed.

Consequently, connected miscellaneous petition is closed.

                                                                                        27.05.2022

              Index      : Yes/No
              Internet   : Yes/No

Speaking Order/Non-Speaking Order kp/shk

To

1. The Sub Inspector of Police Virudhachalam Police Station Cuddalore District.

2. The Public Prosecutor, Madras High Court.

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

D.BHARATHA CHAKRAVARTHY, J.

kp/shk

Crl.O.P No.12801 of 2022 and Crl.MP.No.6976 of 2022

27.05.2022

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