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2025 Supreme(Online)(Mad) 63190

IN THE HIGH COURT OF JUDICATURE AT MADRAS
Sunder Mohan, J
Riyas Khan – Appellant
Versus
The State of Tamilnadu – Respondent


Advocates:
For the Appellants/Petitioners: Mr.K.Yasar Arafath
For the Respondents: Mr.R.M.Anbunithi, Additional Public Prosecutor

Table of Content
1. filing to quash fir for peaceful protest. (Para 1 , 2 , 3)
2. allegations insufficient to constitute offences. (Para 4)
3. court's observations on democratic rights. (Para 5 , 6 , 7)
4. final decision to quash fir. (Para 8)

ORDER

This petition has been filed to quash the FIR in Crime No.79 of 2025, dated 13.02.2025 for the offences punishable under Sections 189(2), 293 and 287 of BNS, 2023, on the file of the first respondent Police Station, as against the petitioners alone.

2. The allegation in the First Information Report is that the petitioners along with others have participated in a protest against the amendment of Waqf Act without a valid permission.

3. The learned counsel for the petitioner would submit that the petitioners had conducted the protest in a peaceful manner and none of the allegations made in the FIR would constitute the offence as alleged.

4. The learned Additional Public Prosecutor, on instructions, would submit that the allegations in the FIR would constitute the offence as alleged.

5. In the case of Jeevanandham , referred to supra, which related to a protest without valid permission and when the accused had filed quash petition of the final report

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