This Criminal Original Petition sought quashing of the First Information Report filed against petitioners for protesting illegal river sand mining. The High Court held that the peaceful nature of the protest without serious hindrance did not warrant prosecution.
Criminal Original Petition allowed; case in C.C.No.136 of 2020 quashed and 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.
Crl.O.P.No.13518 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated:05.07.2024
Coram:
THE HONOURABLE DR. JUSTICE G. JAYACHANDRAN
Crl.O.P.No.13518 of 2024 and
Crl.M.P.No.8186 of 2024
/versus/
1.State by:The Inspector of Police,Srimushnam Police Station, Cuddalore District.(Crime No.182 of 2017)
2.Mr.S.Sarthbabu .. Respondents
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Crl.O.P.No.13518 of 2024
Criminal Original Petition has been filed under Section 482 of Cr.P.C., to call for the records in C.C.No.136 of 2020 on the file of the Judicial Magistrate Court-II, Vriddhachalam, Cuddalore District and quash the same.
For Petitioners :Mr.P.Pugalenthi For R1 :Mr.S.Udaya Kumar Govt.Advocate (Crl.Side)
ORDER
Based on the complaint given by the Village Administrative
Office, case has been registered by the first respondent police on 14.06.2017 for the offences under Sections 143, 341 and 353 of I.P.C. in Crime No.182 of 2017.
of illegal mining of river sand the petitioners have gathered in front of Srimushnam Tahsildar Office and raised slogan.
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Crl.O.P.No.13518 of 2024
causing any hindrance except the allegation of wrongful restrain for half an hour to the public between 12.00 noon to 12.30 p.m. on that day, shall not be taken as a grave violation of any law, which warrants prosecution. Hence, the case in C.C.No.136 of 2020 on the file of the Judicial
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Crl.O.P.No.13518 of 2024
Magistrate Court No.II, Vriddachalam, Cuddalore District, is quashed. Accordingly, this Criminal original Petition is allowed. Consequently connected Miscellaneous Petitions is closed.
05.07.2024
Index:yes/no Neutral Citation:yes/no ari
To:
Crl.O.P.No.13518 of 2024
DR.G.JAYACHANDRAN,J.
ari
Crl.O.P.No.13518 of 2024 and Crl.M.P.No.8186 of 2024
05.07.2024
3 issues framed by the court
Whether the First Information Report should be quashed as the peaceful protest without grave hindrance does not warrant prosecution.
Whether the offences under Sections 143, 188, 341, and 353 of IPC are made out against petitioners for organizing a protest.
Whether the case filed against petitioners protesting illegal mining should be allowed to proceed.
1 provisions across 1 enactments
Tamilarasan and others
State
G. Jayachandran
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
