K.Muruganantham vs State Rep.By
2022 Latest Caselaw 9409 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.12800 of 2022
                                                        and
                                          Crl.M.P.Nos.6973 & 6974 of 2022



              K.Muruganantham                                                 .. Petitioner


                                                        vs.

              State rep.by
              The Inspector of Police,
              Vridhachalam Police Station,
              Cuddalore District.
              (Cr.No.717 of 2017)                                            ..Respondent



              PRAYER: Criminal Original Petition filed under Section 482 of the Code of
              Criminal Procedure, to call for the records pertaining to the charge sheet laid
              down in S.T.C.No.1363 of 2019, pending on the file of the Judicial Magistrate
              No.1, Vridhachalam and quash the same.




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

                                     For Petitioner    : Mr.ASuresh Sakthi Murugan

                                     For Respondent    : Mr.A.Damodaran,
                                                         Additional Public Prosecutor.



                                                     ORDER

This Criminal Original Petition is filed to quash the proceedings in

S.T.C.No.1363 of 2019, pending on the file of Judicial Magistrate No.II,

Vridhachalam.

2. The allegation against the petitioner is that they pasted the posters

demanding the withdrawal of CCA, NRC, NPR. This Court already has laid down

in the Judgment in “Pavayi Vs. The State represented by the Sub Inspector of

Police, Thiruchengode Town Police Station and another” (Crl.O.P.No.20346 of

2019 dated 30.07.2019) has held that in respect of such cases, prior permission

under Section 155 of Cr.P.C., from the learned Magistrate is mandatory and

proceedings to the contrary are liable to be quashed. In the instant case also

investigation is being proceeded without obtaining any such prior permission.

Mr.A.Damodaran, learned Additional Public Prosecutor is unable to give any valid

answer in respect of the said contention on behalf of the petitioner.

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

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

the proceedings in S.T.C.No.1363 of 2019 on the file of the Judicial Magistrate

No.I, Vridhachalam is quashed. Consequently, connected Criminal Miscellaneous

Petitions are closed.

                                                                                          27.05.2022

              Index      : Yes/No
              Internet   : Yes/No

Speaking Order/Non-Speaking Order

shk/kp

To

1. The Inspector of Police, Vridhachalam Police Station, Cuddalore District.

2. Judicial Magistrate No.II, Judicial Magistrate Court No.II, Vridhachalam.

3.The Public Prosecutor, Madras High Court.

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

D.BHARATHA CHAKRAVARTHY, J.

kp/shk

Crl.O.P No.12800 of 2022 and Crl.M.P.Nos.6973 & 6974 of 2022

27.05.2022

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