Mahalakshmi vs The State Of Tamil Nadu
2024 Latest Caselaw 20929 Mad

Madras High Court

Mahalakshmi vs The State Of Tamil Nadu on 4 November, 2024

Author: M.Nirmal Kumar

Bench: M.Nirmal Kumar

                                                                            Crl.O.P.(MD) No.18940 of 2024


                          BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                   DATED : 04.11.2024

                                                        CORAM:

                                  THE HONOURABLE MR.JUSTICE M.NIRMAL KUMAR

                                            Crl.O.P.(MD)No.18940 of 2024
                                                        and
                                            Crl.M.P.(MD) No.11720 of 2024

                 Mahalakshmi                                                        ... Petitioner
                                                           -vs-


                 1.The State of Tamil Nadu,
                   The Inspector of Police,
                   South Gate Police Station,
                   Madurai City.
                   (Crime No.124 of 2022)

                 2.K.Murugesan                                                     ... Respondents


                           Petition filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita,

                 2023, seeking to call for the records relating to the impugned F.I.R. in Crime No.

                 124 of 2022, on the file of the first respondent Police, and quash the same as far

                 as the petitioner is concerned.




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                 Page 1 of 5

https://www.mhc.tn.gov.in/judis
                                                                                 Crl.O.P.(MD) No.18940 of 2024


                                   For Petitioner        :     Mr.A.Jayaramachandran

                                   For R1                :     Mr.A.Thiruvadi Kumar
                                                               Additional Public Prosecutor


                                                               ORDER

The petitioner/A5 filed the Criminal Original Petition seeking to quash

the F.I.R. in Crime No.124 of 2022, for the offences under Sections 143, 341 and

291 I.P.C. and Section 71A(1) of the Tamil Nadu City Police Act, 1888, on the

file of the first respondent Police.

2. The case of the prosecution is that on 31.03.2022 at about 04.00 p.m.,

the respondent Police was on patrol duty, at that time, one Fathima Kani, State

Secretary of Woman India Movement and other Organizations like, NWF along

with other political parties, had formed an unlawful assembly in the busy public

area and raised slogans in a stage against the judgment of the Karnataka High

Court, banning of wearing Hijab at the Educational Institution and caused

disturbance to the Public at large. Hence, the complaint has been lodged against

the petitioner and others.

____________

https://www.mhc.tn.gov.in/judis Crl.O.P.(MD) No.18940 of 2024

3. The contention of the learned counsel for the petitioner is that the

petitioner has been falsely implicated in this case and no prima facie case has

been made out as against the petitioner to invoke Sections 143, 341 and 291 I.P.C.

and Section 71A(1) of the Tamil Nadu City Police Act, 1888. He further

submitted that the petitioner and others had only expressed their dissent against

the ban to wear Hijab in the Educational Institution in a democratic manner,

which did not cause any sort of nuisance or disturbance to the public at large.

4. The learned Additional Public Prosecutor appearing for the first

respondent submitted that after investigation, the respondent Police closed the

case as ''further action dropped'' and on 02.02.2024, the respondent Police also

filed a final report before the Judicial Magistrate Court No.V, Madurai, to that

effect. A copy of the closure report also produced before this Court.

5. Recording the same, this Criminal Original Petition is closed.

Consequently, connected Miscellaneous Petition is also closed.

                 NCC              : Yes / No                                               04.11.2024
                 Index            : Yes / No
                 smn2

                 ____________


https://www.mhc.tn.gov.in/judis
                                                         Crl.O.P.(MD) No.18940 of 2024


                 To:-

                 1.The Inspector of Police,
                   South Gate Police Station,
                   Madurai City.

2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

____________

https://www.mhc.tn.gov.in/judis Crl.O.P.(MD) No.18940 of 2024

M.NIRMAL KUMAR, J.

smn2

Crl.O.P.(MD)No.18940 of 2024 and Crl.M.P.(MD) No.11720 of 2024

04.11.2024

____________

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