K.Muruganantham vs State Rep. By
2022 Latest Caselaw 9385 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.11445 of 2022
                                                        and
                                          Crl.M.P.Nos.6586 & 6587 of 2022


              1.K.Muruganantham
              2.Singaravel
              3.Iyyappan
              4.Palani
              5.Vinayagam
              6.Manivasagam
              7.Vaidhayanadhan
              8.Karthick
              9.Thangamuthu
              10.Dhanasekaran
              11.Karthikeyan
              12.Subramaniyan
              13.Arumugam
              14.Elangovan
              15.Ashok Kumar                                                .. Petitioners
                                                        vs.
              State rep. By
              The Inspector of Police,
              Mangalam Pettai Police Station,
              Cuddalore District.
              (Crime No.309 of 2017)                                        ..Respondent




https://www.mhc.tn.gov.in/judis
                                                           2

              PRAYER: Criminal Original Petition filed under Section 482 of the Code of
              Criminal Procedure, to call for the records pertaining to the Charge Sheet in
              C.C.No.395 of 2017 pending on the file of Judicial Magistrate No.II,
              Vridhachalam and quash the same.


                                     For Petitioners    : Mr.A.Suresh Sakthi Murugan

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


                                                       ORDER

The Criminal Original Petition has been filed to quash the proceedings in

CC.No.395 of 2017, pending on the file of Judicial Magistrate No.II,

Vridhachalam.

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 IPC is concerned, the same relates to the

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

well as the order in Crl.OP.No.17903 of 2021 has held that the continuation of the https://www.mhc.tn.gov.in/judis

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

the proceedings in CC.No.395 of 2017, pending on the file of Judicial Magistrate

No.II, Vridhachalam 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 Inspector of Police, Mangalam Pettai Police Station, Cuddalore District.

2.Judicial Magistrate Court No..II, Judicial Magistrate No.II, Vridhachalam.

3. The Public Prosecutor, Madras High Court.

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

D.BHARATHA CHAKRAVARTHY, J.

kp/shk

Crl.O.P No.11445 of 2022 and Crl.M.P.Nos.6586 & 6587 of 2022

27.05.2022

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