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IN THE HIGH COURT OF JUDICATURE AT MADRAS
Honourable Mr Justice G.K. ILANTHIRAIYAN
Veera Abdullah – Appellant
Versus
State, Rep. by the Inspector of Police, K11 CMPT Police Station – Respondent
ORDER :
G.K.Ilanthiraiyan, J.
This Criminal Original Petition has been filed to quash the proceedings in C.C.No.5965 of 2023 which was split up from C.C.No.1253 of 2020, on the file of the learned V Metropolitan Magistrate, Egmore, Chennai.
2. The case of the prosecution is that on 26.09.2019, at 11:30 AM, the petitioner along with others gathered illegally near the K-10 Police Station, on Kaliamman Kovil Road, 100 Feet Road, in front of the UBER CALL TAXI office, blocking the public path and obstructing traffic. The Assistant Inspector Muhammad Imdadullah, along with his team, arrived and instructed them to disperse. However, the group disregarded the officer's orders and continued to block the road. Based on this, the respondent police registered a complaint in Crime No.778 of 2019, against the petitioner and other for the offence punishable under Sections 143 r/w Section 41 of the Tamil Nadu City Police Act, 1888 and the same has been taken cognizance in C.C.No.5965 of 2023 which was split up from C.C.No.1253 of 2020, on the file of the learned V Metropolitan Magistrate, Egmore, Chennai.
3. The learned Counsel appearing for the petitioner would submit that the petitioner is an innoc
Proceedings can be quashed if the allegations do not constitute a cognizable offence; unlawful assembly must show criminal intent and conduct.
The court emphasized that police cannot register FIRs under IPC Section 188 without a written complaint from a public servant, affirming the primacy of constitutional rights to assembly and expressio....
Police cannot register FIR under Section 188 IPC without a written complaint from a public servant; assembly did not constitute an unlawful assembly.
The court quashed proceedings against the petitioners due to insufficient evidence establishing elements of the alleged offences, emphasizing reliance on independent witness statements.
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