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2021 Supreme(Mad) 2914

M.NIRMAL KUMAR
S. Prince Ennarasu Periyar – Appellant
Versus
State Rep. by the Inspector of Police, Sembium Police Station – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr. S. Kumara Devan.
For the Respondent: Mr. A. Damodaran.

ORDER :

1. The petitioner/A7, who is facing trial before the learned V Metropolitan Magistrate, Egmore, Chennai in C.C. No. 8299 of 2017, for offence under Sections 143, 353, 188 and 75 CP Act r/w 7(1)(a) CLA Act @ 143, 145, 147 and 353 IPC, has filed the above Quash Petition.

2. On information, the 2nd respondent/defacto complainant the Inspector of Police, Sembium Police Station, Chennai registered a case in Crime No. 1277 of 2017 on 09.09.2017 against the petitioner. On completion of investigation, charge sheet filed against them, listing five witnesses as LW-1 to LW-5 and documents.

3. The gist of the case is that on 09.09.2017, at about 17.00 hrs. the 2nd respondent/LW-1 along with the Police party was on duty, at that time, near Murasolimaran Park, the petitioner and others without any prior permission from the authorities concerned had unlawfully assembled and obstructed the free movement of traffic and general public, raised slogans and conducted a dharna. When the 2nd respondent intervened and insisted them to disburse, the petitioner/protesters failed to do so. Hence, a complaint was lodged and on completion of investigation charge sheet came to be filed before the learned V

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