Allowed

S.M.Sheik Abdullah@Abdullah v. The Inspector of Police

Madras HC3 Feb 2021CRL OP(MD)/1348/2021

Case brief

AI extract

What is this about?

In an efficacious intervention, the Magistrate quashed the FIR filed against the petitioner for participating in a peaceful protest against Citizenship Law amendments, allowing the Crl.O.P under Section 482 CrPC citing democracy and right to agitate.

What did the court decide?

The First Information Report in Crime No. 33 of 2020 is quashed in respect of the petitioner.

S.M.Sheik Abdullah@Abdullah Vs The Inspector… — Public Procurement and Tenders | Madras HC (2021)

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Crl.O.P.(MD).No.1348 of 2021

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 03.02.2021 CORAM:

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THE HONOURABLE MRS.JUSTICE R.HEMALATHA Crl.O.P.(MD).No.1348 of 2021 and Crl.M.P(MD).No.646 of 2021 S.M.Sheik Abdullah @ Abdullah ... Petitioner

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Vs.

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1.State rep., by The Inspector of Police, Sethubavachathiram Police Station, Thanjavur City. In Crime No.33 of 2020

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2.Thangamuthu ... Respondents

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PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure to call for the First Information Report in Crime No. 33 of 2020 on the file of the first respondent police and quash the same as against the petitioner.

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For Petitioner : Mr.S.M.A.Jinnah For Respondent No.1 : Mr.S.Chandrasekar

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Additional Public Prosecutor

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O R D E R

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This petition has been filed seeking to quash the First Information Report in Crime No.33 of 2020 of Sethubavachathiram Police Station, Thanjavur District.

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2.A perusal of the First Information Report shows that on 29.02.2020, when the Village Administrative Officer (second respondent) was on routine rounds, he found the present petitioner along with others protesting against the amendments made to the Citizenship Laws. According to the complainant, namely, the Village Administrative Officer, Mallipattinam, the petitioner and others by their act had not only committed public nuisance, but also caused hindrance to the free flow of vehicular traffic on the road.

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3.Mr.S.Chandrasekar, learned Additional Public Prosecutor, who accepts notice for the first respondent, on instructions, would contend that the investigation in Crime No.33 of 2020 of Sethubavachathiram Police Station, is already completed and charge sheet has also been made ready against the accused for the alleged offences punishable under Sections 143 and 341 Indian Penal Code.

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4.It is to be pointed out that no untoward incident had taken place. The petitioner has organised the protest and the First https://hcservices.ecourts.gov.in/hcservices/

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Crl.O.P.(MD).No.1348 of 2021

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Information Report has not disclosed any act of violence and admittedly, the protest was peaceful. The essence of democracy is the right to have an alternative opinion and to agitate for its acceptance.

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5.In the circumstances, the First Information Report in Crime No.33 of 2020 on the file of the first respondent, is quashed in respect of the petitioner and the Criminal Original Petition stands allowed. Consequently, connected miscellaneous petition is closed. Sd/-

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Assistant Registrar ()

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// True Copy //

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/ /2021 Sub Assistant Registrar(CS)

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rmk

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Note :In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

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1.The Inspector of Police, Sethubavachathiram Police Station, Thanjavur City.

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

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Crl.O.P.(MD).No.1348 of 2021 03.02.2021

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KUN(CO) KB(22.02.2021) 2P 3C

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https://hcservices.ecourts.gov.in/hcservices/

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S.M.Sheik Abdullah@Abdullah v. The Inspector of Police

Case brief

What is this about?

What did the court decide?

S.M.Sheik Abdullah@Abdullah v. The Inspector of Police

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

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