ORDER :

PRAYER: Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure, to call for the records pertaining to the case in C.C.No.68 of 2019 on the file of the Additional Special Court for M.P's and M.L.A's, Chennai and quash the same.

The petitioner, who is facing trial before the learned Additional Special Court for M.P's and M.L.A's, Chennai (trial Court) for offence under Sections 143, 290, 353 of IPC and Section 41 of the Tamil Nadu City Police Act, 1888 and Section 7(1)(a) of the Criminal Law Amendment Act, 2005 in C.C.No.68 of 2019, has filed the Quash Petition.

2. The gist of the case is that on 09.10.2018, at about 11.25 a.m., one Nakeeran Gopal arrested in Crime No.212 of 2018, for offence under Section 124 of IPC by the Police attached to the D-4 Zam Bazaar Police Station, Triplicane. For safety and security of the said Nakeeran Gopal was kept in confinement in the office of the Deputy Commissioner of Police, Triplicane. At that time, the petitioner, General Secretary of MDMK Political Party along with A2-Karthick, A3-Amma Murugan, A4-Mohan and A5-Ramadoss lead a group of 45 members attempted to enter into the office of the Deputy Commissioner Office, Triplicane to meet Nakeeran Gopal without obtaining Police permission, despite restraining and warning of the Police. At that time, the petitioner and others raised slogans against the State and Central Government and obstructed the traffic in A.N Road, caused disturbance to the general public. The petitioner and others were informed about the prohibitory order under Section 41(2) of the Tamil Nadu City Police Act is in force and no protest or Dharna without permission to be held. This was not headed by the petitioner and they continued to obstruct the free flow of traffic and public movement. The accused could not be arrested, since they got mixed up with the general public. Thereafter, a complaint was lodged by the 2nd respondent, the Head Constable Kumaresan attached to the 1st respondent Police. The 1st respondent Police received the complaint, registered FIR in Crime No.304 of 2018, conducted investigation and on completion of investigation, filed the charge sheet for offence under Sections 143, 290, 353 of IPC and Section 41 of the Tamil Nadu City Police Act, 1888 and Section 7(1)(a) of the Criminal Law Amendment Act, 2005, listing eight witnesses as LW1 to LW8 and documents. The trial Court took cognizance of the offence and assigned C.C.No.68 of 2019 and issued summons to the petitioner and other accused, against which the present Quash Petition.

3. The learned Senior Counsel appearing on behalf of the petitioner submitted that originally the FIR was registered for offence under Sections 143, 290 and 353 IPC and subsequently, the charge sheet was filed before the trial Court including the offence under Section 41 of the Tamil Nadu City Police Act and Section 7(1)(a) of the Criminal Law Amendment Act, 2005. Therefore, the impugned charge sheet is not proper. The ingredients of the offence under Section 353 IPC is that the accused person should have assaulted the public servant or used criminal force with intent to prevent or deter the public servant from discharging his duty. But in this case, there is no allegation against the petitioner to show that he assaulted public servant and used any criminal force. The learned Senior Counsel further submitted that the petitioner conducted the protest, for the arrest of Nakeeran Gopal, a well known investigative Journalist for writing certain articles. According to the petitioner, the case has been foisted against Nakeeran Gopal to throttle the system of press and deter others not to write such articles in future. Mere raising slogans cannot be termed as unlawful assembly and prevented public servant in discharging their duty.

4. The learned Senior Counsel for the petitioner further submitted that in similar situation, this Court in the case of “Dr.Dasthagiri Reddy Versus the State in Crl.O.P.N