Mr.Mohammed Fayaz vs State Rep. By Its
2023 Latest Caselaw 11286 Mad

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                               DATED : 25.08.2023

                                                     CORAM

                            THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH

                                              Crl.O.P.No.19112 of 2023
                                         Crl.M.P.Nos.12792 & 12794 of 2023


                1.Mr.Mohammed Fayaz

                2.Mr.Sulthan

                3.Mr.Basha

                4.Mr.Bakkur

                5.Mr.Sharief Basha                                                ... Petitioners

                                                        Vs.

                State Rep. by its
                The Inspector of Police,
                Town Police Station,
                Salem City, Salem
                (Crime No.49 of 2014)                                             ...Respondent


                PRAYER : Criminal Original Petition filed under Section 482 of the Code of

                Criminal Procedure, to call for the records in C.C.No.34 of 2014 pending before

                the Judicial Magistrate No.1, Salem and quash the same.

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https://www.mhc.tn.gov.in/judis
                                  For Petitioner            : Mr.I.Abdul Basith

                                  For Respondent            : Mr.A.Damodaran
                                                              Additional Public Prosecutor


                                                       ORDER

This petition has been filed to quash the proceedings in C.C.No.34 of 2014

pending on the file of the Judicial Magistrate No.1, Salem.

2.The case of the prosecution is that the accused persons belonging to an

Organization conducted a protest against Unlawful Activities (Prevention) Act,

1967 without getting any permission and they also burnt the Bare Act and raised

slogans against the Central Government on the ground that it is being misused

against the Muslims.

3.Heard the learned counsel for the petitioners and the learned Additional

Public Prosecutor.

4.In the considered view of this Court, the protest conducted by the accused

persons cannot be stated to be an unlawful assembly and the accused persons were

https://www.mhc.tn.gov.in/judis only expressing their grievance on the misuse of the Act against Muslims. The

Court below has taken cognizance of the final report for offence under Sections

147, 188 and 285 of IPC. The issue involved in this case is squarely covered by the

judgment of this Court in Jeevanandham and others Vs. State Rep. by Inspector

of Police and another reported in 2018 2 LW (Crl) 606. Hence, this Criminal

Original Petition is allowed and the proceedings in C.C.No.34 of 2014 pending on

the file of the Judicial Magistrate No.1, Salem, is hereby quashed. Consequently,

connected miscellaneous petitions are closed.

25.08.2023 Index : Yes/No Internet : Yes/No Speaking/Non-Speaking Order ssr

To

1.The Judicial Magistrate No.1, Salem.

2.The Inspector of Police, Town Police Station, Salem City, Salem

3.The Public Prosecutor, High Court, Madras.

https://www.mhc.tn.gov.in/judis N.ANAND VENKATESH, J

ssr

Crl.O.P.No.19112 of 2023 Crl.M.P.Nos.12792 & 12794 of 2023

25.08.2023

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