The High Court of Judicature at Madras quashed the final report in a criminal case filed against the petitioner for offences including trying to use public space for religious festival activities without causing disturbance.
The final report in C.C.No.8932 of 2017 is quashed and the connected miscellaneous petitions are closed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 23.12.2021 CORAM THE HON'BLE MR.JUSTICE N.SATHISH KUMAR
Crl.O.P.No.29096 of 2017 and Crl.M.P.Nos.16431 & 16432 of 2017
C.Karthick ... Petitioner/Accused
Vs
The State rep. by The Inspector of Police, D-1, Triplicane Police Station, Law and Order, Triplicane, Chennai – 600 005. ... Respondent/Complainant
PRAYER: Criminal Original Petition filed under Section 482 of Criminal Procedure Code, to call for the records in C.C.No.8932 of 2017 on the file of the learned XIII Metropolitan Magistrate and to quash the same.
For Petitioner : Dr.G.Krishnamurthy For Respondent : Mr. R. Kishore Kumar Government Advocate(Criminal Side)
O R D E R
This petition has been filed to quash the charge sheet in C.C.No.8932 of 2017 on the file of the learned XIII Metropolitan Magistrate against the petitioner for the offences punishable under Sections 341, 143, 336, 290, 353 of I.P.C. r/w Section 71 (A)(5)(11)(15) of the City Police Act and Sections 194, 174(iii) r/w 177 of the Motor Vehicles Act.
Sd/-
Assistant Registrar(CS VI)
//True Copy//
Sub Assistant Registrar
vrc / kbs
To
Crl.O.P.No.29096 of 2017 and Crl.M.P.Nos.16431 & 16432 of 2017
svi(CO) A.SK(11.01.2022)
2 issues framed by the court
Whether the final report in a case for offences punishable under Sections 341, 143, 336, 290, 3551 of the I.P.C. etc. filed against the petitioner for bursting crackers during a religious festival is
Whether the prosecution can continue against petitioners for forming unlawful assembly during religious festivals when there is no allegation of causing disturbance or damage to public property.
1 provisions across 1 enactments
C. Karthick
The State represented by the Inspector of Police
N. Sathish Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
