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2021 Supreme(Mad) 2560

N.SATHISH KUMAR
Susi Kalaiyarasan – Appellant
Versus
State of Tamil Nadu – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: V. Chinnasamy.
For the Respondent: S. Vinoth Kumar.

JUDGMENT :

N. SATHISH KUMAR, J.

Prayer: Criminal Original Petition filed under Section 482 of Criminal Procedure Code, to call for the records in pursuant to S.T.C. No. 1810 of 2016 on the file of the Judicial Magistrate No. III, Coimbatore and quash the same.

1. This petition has been filed to quash the proceedings in S.T.C. No. 1810 of 2016 on the file of the Judicial Magistrate No. III, Coimbatore against the petitioners.

2. The allegation in the final report is that on 23.07.2016, the petitioners unlawfully assembled and made a protest with regard to non supply of water in their area. While doing so, the accused also restrained the public and squattered the public road. Thereby, they had committed the offences under Sections 143, 341 and 188 of I.P.C.

3. The learned counsel for the petitioner submitted that the prosecution has been launched with false allegations and even when the entire prosecution case taken as a face value, the same would not constitute any offence and continuing the prosecution is nothing but abuse of process of law. Therefore, submitted that the same may be quashed.

4. The Learned Government Advocate (Criminal Side) submitted that the accused unlawfully assemble

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