Shaik Ahmadulla vs State Rep. By
2023 Latest Caselaw 12010 Mad

                                                                                Crl.O.P No.19737 of 2023

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                DATED : 07.09.2023

                                                         CORAM

                         THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH

                                             Crl.O.P No.19737 of 2023
                                                       and
                                        Crl.M.P.Nos.13357 and 13359 of 2023


                  Shaik Ahmadulla
                  S/o.Sahul Hameed                                   ... Petitioner

                                                          vs.

                  State rep. by
                  Sub-Inspector of Police,
                  Vedaranyam Police Station,
                  Nagapattinam District.
                  (Crime No.65 of 2018)                              ... Respondent

                  PRAYER: Criminal Original Petition filed under Section 482 of the Code of
                  Criminal Procedure, to call for the entire records in STC.No.483 of 2019, on
                  the file of the learned Judicial Magistrate No.I, Nagapattinam and quash the
                  entire proceedings against the petitioner/A2.

                                        For Petitioner     : Mr.M.Manimaran

                                        For Respondent     : Mr.A.Damodaran
                                                             Additional Public Prosecutor




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                                                                               Crl.O.P No.19737 of 2023

                                                       ORDER

This Criminal Original Petition has been filed seeking to quash the

proceedings in S.T.C.No.483 of 2019, pending on the file of learned Judicial

Magistrate No.I, Nagapattinam.

2. Heard the learned counsel for petitioner and the learned Additional

Public Prosecutor appearing on behalf of the respondent.

3. The case of the prosecution is that the accused persons were

involved in conducting a protest against the non-formation of the Cauvery

Management Committee in line with the judgment of the Hon'ble Apex

Court. This protest is said to have taken place on 07.04.2018 between 11.40

a.m. to 11.55 a.m. Due to the protest, there was a disruption to the traffic and

inconvenience caused to the general public. Based on the complaint, an

F.I.R. came to be registered in Crime No.65 of 2018 and on completion of

the investigation, a final report has been filed before the Court below for

offences under Sections 143 and 341 of I.P.C. against sixteen accused

persons.

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

Crl.O.P No.19737 of 2023

4. In the considered view of this Court, the protest that was conducted

by the accused persons cannot be stated to be unlawful. Even if the

allegations are taken as it is, no offence has been made out against the

accused persons. In view of the same, this Court is inclined to quash the

proceedings against all the accused persons.

5. In the result, the proceedings in S.T.C.No.483 of 2019, pending on

the file of Judicial Magistrate Court No.I, Nagapattinam is hereby quashed in

its entirety and the Criminal Original Petition is allowed. Consequently,

connected miscellaneous petitions are closed.

                                                                                         07.09.2023
                                                                                               (2/2)
                  Index      : Yes/No
                  Internet   : Yes/No

Speaking Order/Non-Speaking Order rsi

To

1.The Sub-Inspector of Police, Vedaranyam Police Station, Nagapattinam District.

2.The Judicial Magistrate No.I, Nagapattinam.

3.The Public Prosecutor, Madras High Court.

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

Crl.O.P No.19737 of 2023

N. ANAND VENKATESH, J.

rsi

Crl.O.P No.19737 of 2023 and Crl.M.P.Nos.13357 and 13359 of 2023

07.09.2023 (2/2)

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