Muhamed Ikbal vs State Rep By Its
2022 Latest Caselaw 9407 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.11239 of 2022
                                                       and
                                             Crl.M.P.No.6466 of 2022


              1.Muhamed Ikbal

              2.Sowkath Ali

              3.Muamad Faruk

              4.Jameer Batcha

              5.Kadhar Moideen                                                   .. Petitioners
                                                       vs.
              1. State rep by its
                 The Sub Inspector of Police,
                 Perambalur Police Station,
                 Perambalur.
                 (Cr.No.777 of 2019)

              2.Karthikeyan                                                     ..Respondents

              PRAYER: Criminal Original Petition filed under Section 482 of the Code of
              Criminal Procedure, to call for the records relating to the case in Cr.No.777 of
              2019 on the files of the first respondent herein and quash the same as illegal and
              without jurisdiction.

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

                                      For Petitioners      : Mr.I.Abdul Basith

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

                                                         ORDER

The Criminal Original Petition is to call for the records on the file of the first

respondent relating to Crime No.777 of 2019 and quash the same.

2. The said FIR is registered for the offences under Sections 143, 341 and

285 of IPC which is relating to a democratic protest conducted by the petitioner

and others on 10.12.2019.

3. The learned counsel for the petitioners would submit that on identical

facts and circumstances in Crl.O.P.No.17903 of 2021 by order dated 07.10.2021,

this Court elaborately considered the nature of offences and the democratic right to

protest, had come to the conclusion that permitting the continuation of

investigation against the petitioners would amount to abuse of process of law and

quashed the FIR.

4. The learned Additional Public Prosecutor would fairly submit that the

said Judgment would apply in all forces in the present case also. https://www.mhc.tn.gov.in/judis

5. Accordingly, following the dictum laid down in Crl.O.P.No.17903 of 2021

dated 07.10.2021 passed by this Court, the FIR in Crime No.777 of 2019 on the

file of the first respondent shall stands quashed and the Criminal Original Petition

is allowed. Consequently, connected Criminal Miscellaneous Petition is closed.

                                                                                       27.05.2022

              Index      : Yes/No
              Internet   : Yes/No

Speaking Order/Non-Speaking Order

shk/kp

To

1. The Sub Inspector of Police, Perambalur Police Station, Perambalur.

2. The Public Prosecutor, Madras High Court.

D.BHARATHA CHAKRAVARTHY, J.

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

kp/shk

Crl.O.P No.11239 of 2022 and Crl.M.P.No.6466 of 2022

27.05.2022

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