Allowed

K.Sethupathi v. Inspector of Police

Madras HC8 Jan 2024CRL OP/32198/2022

Case brief

AI extract

What is this about?

The Magistrate sanctioned a process to quash proceedings against the petitioner under Section 482 CrPC for unlawful assembly. Finding that there were no material ingredients to sustain a charge of unlawful assembly, the Court allowed the petition and quashed the criminal proceedings.

What did the court decide?

Proceedings in Crime No. 557 of 2022 with the petitioner are hereby quashed.

K.Sethupathi Vs Inspector of Police — Quashing and FIR | Madras HC (2024)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 08.01.2024

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CORAM:

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THE HON'BLE MRS.JUSTICE T.V.THAMILSELVI

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CRL.OP No. 32198 of 2022

K.Sethupathi

...petitioner

Vs.

1 THE STATE REP BY ITS IT IS THE INSPECTOR OF POLICE POLLACHI WEST TOWN POLICE STATION, COIMBATORE DISTRICT. (CRIME NO. 557 OF 20170

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2 .LATHAMATHI

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...Respondents

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PRAYER : This petition has been filed under Section 482 of Cr.P.C , to call for the records and quash the proceedings in crime No. 557 of 2022 pending on the file of the Inspector of Police, Pollachi West Town Police Station.

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

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For Petitioner : Mr.P.Muthamizh Selvakumar For Respondent: S.Vinoth Kumar Government Advocate (Crl.side)

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ORDER

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The petitioner herein filed this petition to call for the records and quash the proceedings in crime No. 557 of 2022 pending on the file of the Inspector of Police, Pollachi West Town Police Station.

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The case of the prosecution is that on 08.10.2022, the petitioner along other accused persons unlawfully assembled in front of the BSNL office, Pollachi, staged demonstration against the Central Government and cause hindrance to the public.

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Heard both sides.

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4.On seeing the facts of the case, the complaint against the petitioner and others is that they were unlawfully assembled in front of the BSNL office, Pollachi and staged demonstration against the Central Government but there is no ingredient materials available against the accused persons to show that they were unlawfully assembled in front of the BSNL office, Pollachi. Hence, proceedings in crime No. 557 of 2022 is hereby quashed.

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. In the result, this petition is allowed. No Costs. Consequentially connected miscellaneous petition is closed.

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

08.01.2024

pbl

To The Public Prosecutor, High Court, Madras.

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

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T.V.THAMILSELVI, J.

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pbl

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CRL.OP No. 32198 of 2022

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

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08.01.2024

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

K.Sethupathi v. Inspector of Police

Case brief

What is this about?

What did the court decide?

K.Sethupathi v. 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

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