K.Muruganantham vs The State
2022 Latest Caselaw 9405 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.11426 of 2022
                                            and Crl.MP.No.6579 of 2022


              K.Muruganantham                                                 .. Petitioners


                                                       vs.


                 The State
                 rep. by the Inspector of Police,
                 Kammapuram Police Station
                 Cuddalore District.

                  (Crime No.7 of 2019)

                                                                                ..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.7 of 2019, pending on the file of Respondent Police and

              Quash the same.




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

                                     For Petitioner     : Mr.Suresh Sakthi Murugan

                                     For Respondents : Mr.A.Damodaran for R1,
                                                       Additional Public Prosecutor.




                                                      ORDER

The Criminal Original Petition has been filed to quash the FIR in Crime

No.7 of 2019, pending on the file of the 1st respondent.

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 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.

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

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

the FIR in Crime No.7 of 2019, on the file of the 1 st 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, Kammapuram 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.11426 of 2022

27.05.2022

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