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2024 Supreme(Online)(MAD) 40074
HIGH COURT OF MADRAS
M.Nirmal Kumar, J
Mahalakshmi – Appellant
Versus
The State of Tamilnadu – Respondent
Crl.O.P.(MD)No.18940 of 2024 and Crl.M.P.(MD) No.11720 of 2024
For Petitioner: Mr.A.Jayaramachandran For R1 : Mr.A.Thiruvadi Kumar Additional Public Prosecutor
The court quashed the F.I.R. as the police investigation found no prima facie case against the petitioner for unlawful assembly and public disturbance.
Headnote:(A) Tamil Nadu City Police Act, 1888 – Section 71A(1) – Indian Penal Code, 1860 – Sections 143, 341, and 291 – Quashing of F.I.R. – The petitioner sought to quash the F.I.R. for forming an unlawful assembly and causing public disturbance during a protest against the Karnataka High Court's judgment on Hijab – The petitioner contended that no prima facie case was established against them – The police closed the case as 'further action dropped' after investigation. (Paras 1-4) (B) Criminal Procedure – The court noted the closure report filed by the police indicating no further action was warranted against the petitioner. (Paras 4-5) Facts of the case: The petitioner was accused of participating in an unlawful assembly protesting against a judgment banning Hijab in educational institutions, which allegedly caused public disturbance. Findings of Court: The court acknowledged the police's closure report indicating no further action was necessary. Issues: The main issue was whether a prima facie case existed against the petitioner for the alleged offences. Ratio Decidendi: The court found that the police investigation did not substantiate the allegations, leading to the closure of the case. Result: Criminal Original Petition is closed.
ORDER
The petitioner/A5 filed the Criminal Original Petition seeking to quash the F.I.R. in Crime No.124 of 2022, for the offences under Sections 143, 341 and 291 I.P.C. and Section 71A(1) of the Tamil Nadu City Police Act , 1888, on the file of the first respondent Police.
2. The case of the prosecution is that on 31.03.2022 at about 04.00 p.m., the respondent Police was on patrol duty, at that time, one Fathima Kani, State Secretary of Woman India Movement and other Organizations like, NWF along with other political parties, had formed an unlawful assembly in the busy public area and raised slogans in a stage against the judgment of the Karnataka High Court, banning of wearing Hijab at the Educational Institution and caused disturbance to the Public at large. Hence, the complaint has been lodged against the petitioner and others.
3. The contention of the learned counsel for the petitioner is that the petitioner has been falsely implicated in this case and no prima facie case has been made out as against the petitioner to invoke Sections 143, 341 and 291 I.P.C. and Section 71A(1) of the Tamil Nadu City Police Act , 1888. He further submitted that the petitioner and others had only expressed their dissent against the ban to wear Hijab in the Educational Institution in a democratic manner, which did not cause any sort of nuisance or disturbance to the public at large.
4. The learned Additional Public Prosecutor appearing for the first respondent submitted that after investigation, the respondent Police closed the case as ''further action dropped'' and on 02.02.2024, the respondent Police also filed a final report before the Judicial Magistrate Court No.V, Madurai, to that effect. A copy of the closure report also produced before this Court.
5. Recording the same, this Criminal Original Petition is closed.
Consequently, connected Miscellaneous Petition is also closed.
