Allowed

Jaghankeer Basha @ Jahangir Basha v. State Rep by

Madras HC18 Oct 2022CRL OP/2827/2021

Case brief

AI extract

What is this about?

The single judge quashed a charge sheet filed against the petitioner for protesting Citizenship Amendment Act amendments, following a Government Order withdrawing cases against such protestors. The petition filed under Section 482 Cr.P.C. was allowed.

What did the court decide?

The charge sheet in S.T.C.No.1509 of 2020 is quashed and proceedings against the petitioner are dismissed.

Jaghankeer Basha @ Jahangir Basha Vs… — Constitutional and Fundamental Rights | Madras HC (2022)

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Crl.O.P.No.2827 of 2021

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 18.10.2022

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CORAM:

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THE HON'BLE Ms.JUSTICE R.N.MANJULA

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Crl.O.P.No.2827 of 2021 and Crl.M.P.No.1569 of 2021

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Jaghankeer Basha @ Jahangir basha

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... Petitioner Vs.

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1.State Rep by: The Inspector of Police, Dharmapuri Police Station, Dharmapuri District. (Crime No.134 of 2020)

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2.Rathina Kumar ... Respondents

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PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C., to call for the records of charge sheet in S.T.C.No.1509 of 2020 before the learned Judicial Magistrate No.1, Dharmapuri and quash the same as illegal.

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For Petitioner : Mr.S.M.A.Jinnah

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For Respondents : Mr.A.Damodaran, APP for R1

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O R D E R

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This Criminal Original Petition has been preferred to call for the

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records of the charge sheet in S.T.C.No.1509 of 2020 before the learned

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https://www.mhc.tn.gov.in/judis 1/4

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Crl.O.P.No.2827 of 2021 Judicial Magistrate No.1, Dharmapuri and quash the same as illegal.

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2. Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor appearing for the first respondent.

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3. The case of the prosecution is that on 29.02.2020, at about 11.00 a.m., when the defacto complainant was on duty of patrolling, he noticed the petitioner along with others gathered, raised slogans and condemned the recent amendments made to the Citizenship Amendment Act and National Population Register against the State and Central Government. Therefore, a case has been registered against the petitioner.

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4. The learned counsel for the petitioner submitted that the petitioner did not commit any offence as alleged by the prosecution; due to previous enmity, the defacto complainant has lodged a false complaint against the petitioner and filed a charge sheet; without any enquiry, the first respondent roped the name of the petitioner with an intention to harass him; therefore, the charge sheet in S.T.C.No.1509 of 2020, before the learned Judicial Magistrate No.1, Dharmapuri, should be quashed.

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5. When the matter was taken up for hearing today, the learned

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https://www.mhc.tn.gov.in/judis 2/4

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Crl.O.P.No.2827 of 2021 Additional Public Prosecutor appearing for the first respondent submitted that

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the Government has issued G.O.(Ms) No.368, Home (Courts-IV) Department dated 04.09.2021, withdrawing the cases against the protestors who protested against Citizenship Amendment Act, Methane/Neutrino, Koodankulam Atomic Plant and Eight Lane Road Projects; the petitioner's case in Crime No.134 of 2020 falls under Serial No.1038 in the said Government Order for withdrawing the cases registered against Citizenship Amendment Act Protest.

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6. In view of the above submission of the learned Additional Public Prosecutor that the Government has issued the above Government Order to withdraw the case against the petitioner, I feel it is appropriate to quash the charge sheet filed against the petitioner.

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7 . In the result, this Criminal Original Petition is allowed and the proceedings against the petitioner in S.T.C.No.1509 of 2020 before the learned Judicial Magistrate No.1, Dharmapuri, is quashed. Consequently, connected miscellaneous petition is closed.

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Index: Yes/No Speaking / Non Speaking Order gsk

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18.10.2022

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https://www.mhc.tn.gov.in/judis 3/4

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Crl.O.P.No.2827 of 2021

R.N.MANJULA, J.

gsk

1.The Judicial Magistrate No.1, Dharmapuri.

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2.The Inspector of Police, Dharmapuri Police Station, Dharmapuri District.

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3.The Public Prosecutor, High Court of Madras.

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Crl.O.P.No.2827 of 2021 and Crl.M.P.No.1569 of 2021

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18.10.2022

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https://www.mhc.tn.gov.in/judis 4/4

Jaghankeer Basha @ Jahangir Basha v. State Rep by

Case brief

What is this about?

What did the court decide?

Jaghankeer Basha @ Jahangir Basha v. State Rep by

Case brief

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