Madras High Court
Unknown vs State Represented By on 7 March, 2023
Crl.O.P.No.21171 of 2019
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 07.03.2023
CORAM:
THE HON'BLE MR.JUSTICE SUNDER MOHAN
Crl.O.P.No.21171 of 2019 and
Crl.M.P.No.10964 & 10965 of 2019
1.Kathiravan
2.Kalaivanan
3.Avinash
4.Hari
5.Tamilarasu
6.Haribabu
7.Sriramulu
8.Aravinth
9.Raji
10.Ashok Kumar
11.Sundar
12.Kumar
13.Padmanabhan
14.Murugavel
15.Kannan
16.Senthilkumar
17.Natarajan
18.Ramaniah
19.Sivalingam
20.Mohan
21.Muniappan
22.Boopalan
23.Baskaramoorthy
24.Baskaran @ Kutty
25.Balaji
26.Anand
27.Narayanan
1/6
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Crl.O.P.No.21171 of 2019
28.Elumalai
29.Thirupathi ... Petitioners
Vs.
1.State Represented by
The Inspector of Police,
C2, Elephant Gate Police Station,
Chennai-600 079.
(Crime No.568 of 2017) ... Respondent
PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C., to
call for the entire records in connection with the final report in C.C.No.1739 of
2017 on the file of Hon'ble VIII Metropolitan Magistrate, George Town,
Chennai and quash the same.
For Petitioners : Mr.B.Ullasavelan
For Respondents : Mr.A.Damodaran,
Addl. Public Prosecutor for R1
No appearance for R2
ORDER
The petitioners seek to quash the final report in C.C. No. 1739 of 2017
on the file of the VIII Metropolitan Magistrate, George Town, Chennai for the
offences under Sections 145, 341 and 7(1)(a) CLA Act r/w.34 of IPC.
2. The allegation in the charge sheet is that the petitioners had
assembled on 13.03.2017 at 10.00 a.m. before the ration shops to protest
against non-supply of essential ration items to the persons who are living
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Crl.O.P.No.21171 of 2019
under the poverty-line.
3. The reading of the final report would show that the petitioners
assembled peacefully to protest in front of the ration shops against the non-
supply of essential ration items. It is the case of the petitioners that they
assembled 50 feet away from the ration shop and raised slogans and therefore,
they were arrested and released after six hours.
4. This Court is of the view that the allegation would not constitute
the offence of unlawful assembly and wrongful restraint. The protest by a
group of people by itself cannot be termed as unlawful assembly. That apart,
there is nothing in the impugned charge sheet to suggest that any person was
wrongly restrained or any public servant was prevented from doing his duty,
so as to attract the offence under Section 341 IPC.
5. The facts of this case is covered by the judgment of this Court in
Jeevanandham and another v. State, Karur District (2018 2 LW crl 606)
wherein this Court has quashed the similar proceedings on the ground that the
right to protest cannot be stifled by registering a first information report
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Crl.O.P.No.21171 of 2019
terming the assembly as unlawful assembly. A democratic dissent can be made
by the citizens and prosecutions which are aimed to prevent it will amount to
violation of fundamental rights guaranteed under the Constitution.
6. This Court finds that the impugned final report does not specify the
year of the CLA Act. The provision namely Section 7(1)(a) of the CLA Act is
mechanically added by the respondent.
7. For the above reasons, the impugned charge sheet in C.C.No.1739 of
2017 is quashed. Hence, this Criminal Original Petition is allowed.
Consequently, connected miscellaneous petitions are closed.
07.03.2023
Index: Yes/No
Speaking / Non Speaking Order
To
1.The VIII Metropolitan Magistrate,
George Town, Chennai
https://www.mhc.tn.gov.in/judis
Crl.O.P.No.21171 of 2019
2.The Inspector of Police,
C2, Elephant Gate Police Station,
Chennai-600 079.
3.The Public Prosecutor,
High Court, Madras.
SUNDER MOHAN, J
kal
https://www.mhc.tn.gov.in/judis
Crl.O.P.No.21171 of 2019
Crl.O.P.No.21171 of 2019 and
Crl.M.P.No.10964 & 10965 of 2019
07.03.2023
https://www.mhc.tn.gov.in/judis
