K.Muruganantham vs State Rep. By
2022 Latest Caselaw 9402 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.11431 of 2022
                                                       and
                                             Crl.M.P.No.6584 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,
              Virudhachalam 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 First Information
              Report in Crime No.127 of 2019 pending on the file of respondent police 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 FIR in Crime

No.127 of 2019, 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 341 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 https://www.mhc.tn.gov.in/judis

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

the FIR in Crime No.127 of 2019, 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 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.11431 of 2022 and Crl.M.P.No.6584 of 2022

27.05.2022

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