Bench quashed First Information Report registered against petitioner and others for offences under IPC Sections 143, 341, 283 and 290 arising from an unlawful assembly protesting Citizenship Amendment Act.
First Information Report in Crime No.267 of 2020 stands quashed; criminal original petition allowed.
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1 CRL.O.P.(MD)NO.3550 OF 2020
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 15.10.2020 CORAM
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P.(MD)No.3550 of 2020 and CRL.M.P.(MD)No.1902 of 2020
T.Lajapathi Roy
(Wrongly mentioned as LajapathiRaj) : Petitioner/Accused No.23
Vs.
(Crime No.267 of 2020) : Respondent No.1/Complainant
Sub Inspector of Police-7097, Thallakulam police station,
Madurai City, Madurai. : Respondent No.2/Defacto complainant
Prayer: Criminal Original petition filed under Section 482 of Cr.P.C, to call for the records pertaining to the First Information Report in Crime No.267 of 2020 dated 08.02.2020 on the file of the respondent No.1 for the offence under Sections 143, 341, 283 and 290 of Indian Penal Code, 1860 and quash the same as illegal as against the petitioner alone.
For Petitioner : Mr.Prabhu Rajadurai, for Mr.S.Rajasekar. For R-1 : M/s.S.E. Veronica Vincent, Government Advocate(Crl.Side)
O R D E R
Heard the learned counsel appearing for the petitioner and the learned Government Advocate appearing for the first respondent.
2 CRL.O.P.(MD)NO.3550 OF 2020
// True Copy //
pmu
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To:
Crl.O.P.(MD)No.3550 of 2020 15.10.2020
CK(CO)
2 issues framed by the court
Whether to quash the First Information Report registered for offences of unlawful assembly and raising slogans.
Whether lack of violence justifies quashing of prosecution in case of Anti-Citizenship Amendment Act protest meeting.
Colour shows how this judgement treated each authority
Jeevanandham and others Vs. State rep. by Inspector of PoliceRelied on¶18
2018-2-L.W.(Crl.) 606 (Jeevanandham and others Vs. State rep. by Inspector of Police)
2 provisions across 2 enactments
T.Lajapathi Roy
The Sub Inspector of Police, Thallakulam police station(L&O), Madurai City, Madurai
S.Karthic
G.R.Swaminathan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
