K.Muruganantham vs State Rep. By
2022 Latest Caselaw 9383 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.12797 of 2022
                                                       and
                                             Crl.M.P.No.6971 of 2022


              K.Muruganantham                                           .. Petitioner/Accused No.1


                                                       vs.


              State rep. By,
              The Inspector of Police,
              Virudhachalam Police Station,
              Cuddalore District.                            ..Respondent/Suo Moto Complainant
              (Cr.No.1812 of 2020)




              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.1812 of 2020, pending on the file of respondent police and
              quash the same.




https://www.mhc.tn.gov.in/judis
                                                           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.1812 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 147, 188 and 270 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.

3. In that view of the same, this Criminal Original Petition is allowed and https://www.mhc.tn.gov.in/judis

the FIR in Crime No.1812 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
              kp/shk




              To

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

              2. The Public Prosecutor,
                 Madras High Court.




                                                       D.BHARATHA CHAKRAVARTHY, J.
                                                                            kp/shk

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

Crl.O.P No.12797 of 2022 and Crl.M.P.No.6971 of 2022

27.05.2022

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