S.Raju vs The State Represented By Its
2022 Latest Caselaw 9404 Mad

                                                                              CRL.O.P.No.11851 of 2022


                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                   DATED : 27.05.2022

                                                        CORAM:

                       THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY

                                               CRL.O.P.No.11851 of 2022

                     1. S.Raju
                     2. Elam Cheguvera @ G.Gopinath
                     3. Thiagarajan @ Thiagu
                     4. K.Bharathi
                     5. A.Suresh Sakthi Murugan                           ... Petitioners
                                                  Versus

                     The State represented by its
                     Inspector of Police
                     D-1, Triplicane Police Station, Chennai.
                     (Crime No.334 of 2019)                              ... Respondent

                     PRAYER: Criminal Original Petition filed under Section 482 of the Code
                     of Criminal Procedure, to call for records and quash the First Information
                     Report in Crime No.334 of 2019 pending on the file of the Inspector of
                     Police, D-1 Triplicane Police Station, Chennai.

                                      For Petitioners   :    Mr.P.G.Thiyagu

                                      For Respondent    :    Mr.A.Damodaran
                                                             Additional Public Prosecutor



                     Page No.1 of 5


https://www.mhc.tn.gov.in/judis
                                                                                   CRL.O.P.No.11851 of 2022


                                                             ORDER

The criminal original petition is filed to quash the First Information

Report in Crime No.334/2019 which is registered by the respondent for

alleged offence under Section 505 (1) (b) of the Indian Penal Code.

2. Learned counsel for the petitioners would submit that the said

offence is a non-cognizable offence and no prior permission of the learned

Magistrate has been taken before registering of the case and proceeding

with the investigation and the same is covered by the order of this Court

in Pavayi vs The State [Crl.O.P.No.20346 of 2019] dated 30.07.2019

and learned counsel would also submit that the crux of the allegation also

related to conduct of democratic meeting and the same is also covered by

the judgment of this Court in Mayakannan and ors Vs. The State

[Crl.O.P.No.15376 of 2021] dated 06.09.202, wherein, it has been held

that continuation of investigation in respect of exercise of democratic

rights of the petitioners would amount to abuse of process of law.

3. Learned Additional Public Prosecutor would submit that this is a

https://www.mhc.tn.gov.in/judis CRL.O.P.No.11851 of 2022

case to quash the FIR and the investigation is pending. But however, he

has no answers for the contentions raised by the petitioners.

4. I am of the view that the petitioners are entitled to succeed on

both grounds that the offence is non-cognizable in nature and no prior

permission has been obtained from any learned Magistrate and also the

nature of allegation is exercise of democratic rights for which there cannot

be criminal prosecution and it would amount to abuse of process of law.

5. Therefore, this criminal original petition succeeds and the FIR in

Crime No.334 of 2019 on the file of the respondent shall stand quashed.

Index: Yes/No 27.05.2022 kk/drm

To

1. The Inspector of Police

https://www.mhc.tn.gov.in/judis CRL.O.P.No.11851 of 2022

D-1, Triplicane Police Station, Chennai. (Crime No.334 of 2019).

2. The Public Prosecutor, Madras High Court.

D.BHARATHA CHAKRAVARTHY, J.

kk/drm

https://www.mhc.tn.gov.in/judis CRL.O.P.No.11851 of 2022

CRL.O.P.No.11851 of 2022

27.05.2022

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