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2022 Supreme(Mad) 558

N.SATHISH KUMAR
M. Sabiq @ Shabeek Ahamed – Appellant
Versus
State Rep. by the Sub Inspector of Police, Mayiladuthurai – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: H. Thameen Ansari.
For the Respondent: A. Gokulakrishnan.

JUDGMENT :

N. SATHISH KUMAR, J.

Prayer: Criminal Original Petition filed under Section 482 of Criminal Procedure Code, to call for the records relating to Crime No. 718 of 2020 dated 05.08.2020 on the file of the respondent herein and quash the same as against the petitioners.

1. This petition has been filed to quash the First Information Report registered in Crime No. 718 of 2020 on the file of the respondent registered as against the petitioners for the offences under sections 143, 341, 188 and 269 of IPC.

2. The allegation in the First Information Report is that on 05.08.2020 at about 5.00 p.m. the petitioners along with some other peoples without any permission unlawfully assembled and protesting in a public place to condemn the trespasses on Babri Masjid and Kashmir state, despite Section 144 Cr.P.C. was in force. Thereby, they had committed the offences under Sections 143, 341, 188 and 269 of I.P.C.

3. The learned counsel for the petitioners 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 o

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