K.Murugnantham vs State Rep By
2022 Latest Caselaw 9389 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.11427 of 2022
                                                       and
                                             Crl.M.P.No.6582 of 2022


              1.K.Murugnantham
              2.Dhanasekaran
              3.Gokula Christephen                                            .. Petitioners

                                                       vs.

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

              (Cr.No.1731 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.1731 of 2020 pending on the file of respondent police and
              quash the same.




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                                                           2



                                     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 FIR in Crime

No.1731 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, 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 has 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.

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

the FIR in Crime No.1731 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, Virudhachalm 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.11427 of 2022 and Crl.M.P.No.6582 of 2022

27.05.2022

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