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2024 Supreme(Online)(Mad) 89932

IN THE HIGH COURT OF JUDICATURE AT MADRAS
Honourable Mr Justice N. ANAND VENKATESH
GOLD RAFI @ SYED RAFI BASHA – Appellant
Versus
STATE OF TAMIL NADU – Respondent



IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 07.03.2024 CORAM THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Crl.O.P.No.5501 of 2024

1.Gold Rafi @ Syed Rafi Basha

2.Mohammed Rasid

3.Mohammed Lathefulla

4.Ali @ Royapuram Ali

5.Ejas @ Aejasudeen

6.Mohamed Arifulla 7.Mohammed Kasim

8.Khaja Mohideen

9.Syed Niyamathullah

10.Munner Basha

11.Kadar @ Thangai Kadhar 12.Khadar @ Bullet Kadhar

13.Sahin

14.Raheema

15.Jameema Basheer

16.Vannai Basheer @ Basheer Mohammed

17.Mechanic Ali @ Mohammed Ali

18.Mohamed Rafi

19.Kathija Beevi

20.Anees

21.Jayashree

22.Amjath

23.Shaik Shabudeen

24.Dilshaad Anees

25.Ayub Madharasi @ Mohammed Salauddin Ayub

26.Minor Viknesh @ Vicknesh

27.Rahman

28.Ansar Khan

29.N.R.Mohideen

30.Mohamed Mohideen Ajmal @ Ajmal

31.Fareed @ Shaik Fareed

32.Samsudden ... Petitioners Vs.

State of Tamil Nadu, Inspector of Police, H-1, Washermenpet Police Station, Chennai. ... Respondent Prayer:

Petition filed under Section 482 of Cr.P.C., seeking to call for the records relating to the charge sheet in C.C.No.572 of 2020 (On the file of Learned XV M.M., George Town Chennai) connected with Cr.No.150 of 2020 (On the file of Respondent Police) and to quash the same.

For Petitioners : M/s.A.Venkateswara Babu For Respondent : A.Gopinath Government Advocate (Crl. Side)

O R D E R

This criminal original petition has been filed seeking to quash the proceedings pending in C.C.No.572 of 2020 on the file of the learned XV Metropolitan Magistrate, George Town, Chennai.

2.The case of the prosecution is that the accused persons were involved in unlawful protest against CAA, NPR and NRC. Based on the same, F.I.R. was registered in Crime No.150 of 2020 and on completion of investigation, final report was filed. Hence, the present quash petition has been filed.

3.Heard the learned counsel for the petitioners as well as the learned Government Advocate (Crl. Side).

4.In the considered view of this Court, the protest made by the petitioners against the policy decision taken by the Government does not make out any offence against them. That apart, the State Government itself has taken a decision to withdraw all the cases against the protesters of the amendment to the Citizenship Act if it did not involve any violence. In the present case, there is absolutely no violence alleged against the petitioners.

5.In the light of the above, the proceedings in C.C.No.572 of

2020 on the file of the learned XV Metropolitan Magistrate, George Town, Chennai, is quashed and this criminal original petition is allowed.

07.03.2024 pri Index: Yes/ No Speaking Order: Yes/ No NCC: Yes/ No N.ANAND VENKATESH,J.

pri To

1.The XV Metropolitan Magistrate, George Town, Chennai.

2.The Inspector of Police, H-1, Washermenpet Police Station, Chennai.

3.The Public Prosecutor, High Court of Madras, Chennai 600 104.

Crl.O.P.No.5501 of 2024

07.03.2024

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