IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 21.06.2022

CORAM:

THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR

CRL.O.P.NO.11274 OF 2022

AND CRL.M.P.NO.6521 OF 2022

1. Muhamed Iqbal

2. Muhamed Ashik

3. Muhamed Yakoop

4. Muhamed Baruk

5. Syed Usen

... Petitioners/

9, 18,19, 42 & 79 Accused

Vs

1. State rep. by its

The Sub-Inspector of Police,

Perambalur Police Station,

Perambalur.

(Cr.No.166 of 2020)

2. Karthikeyan

... Respondents/

Complainant

PRAYER:

Criminal Original Petition filed under Section 482 of

Criminal Procedure Code, to call for the records relating to

Crime No.166 of 2020 on the file of the 1^st respondent herein and

quash the same as illegal and without jurisdiction.

For Petitioners: Mr.I.Abdul Basith

For R1

: Mr.A.Gokulakrishnan

Additional Public Prosecutor

O R D E R

This petition has been filed to quash the First Information

Report registered in Crime No.166 of 2020 on the file of the 1^st

respondent registered as against the petitioners and other

accused for the offences under sections 341 and 143 of IPC.

2. The allegation in the final report is that on 27.02.2022

at 04.30 p.m., the petitioners along with other persons without

any prior permission assembled and protested at Perambalur Old

Bus stand nearby Gandhi statue against the Citizenship amendment

Act. On the receipt of the said information, an FIR came to be

registered in Cr.No.166 of 2020 dated 27.02.2020 for the offence

under Section 143 and 341 of IPC by the 1^st respondent.

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 of law. Therefore,

submitted that the same may be quashed.

4. The Learned Additional Public Prosecutor submitted that

the accused unlawfully assembled without any prior permission

and thereby, First Information has been registered.

5. It is to be noted that while exercising the power under

Section 482, the Court should be slow, at the same time, if the

Court finds that from the entire materials collected by the

prosecution taken as a whole, would not constitute any offence,

in such situation, directing the parties to undergo ordeal of

trial will be a futile exercise and it will infringe the right

of the persons and in this regard, the Apex Court in State of

Haryana and others Vs. Bhajan Lal and Others reported in 1992

Supp (1) Supreme Court Cases 335, has been held as follows :

'........

(a) where the allegations made in the First

Information Report or the complaint, even if they

are taken at their face value and accepted in

their entirety do not prima facie constitute any

offence or make out a case against the accused;

(b) where the allegations in the First

Information Report and other materials, if any,

accompanying the F.I.R. do not disclose a

cognizable offence, justifying an investigation

by police officers under Section 156(1) of the

Code except under an order of a Magistrate within

the purview of Section 155(2) of the Code;

(c) where the uncontroverted allegations made

in the FIR or 'complaint and the evidence

collected in support of the same do not disclose

the commission of any offence and make out a case

against the accused;

(d) where the allegations in the FIR do not

constitute a cognizable offence but constitute

only a non-cognizable offence, no investigation

is permitted by a police officer without an order

of a Magistrate as contemplated under Section 155

(2) of the Code;

(e) where the allegations made in the FIR or

complaint are so absurd and inherently improbable

on the basis of which no prudent person can ever

reach a just conclusion that there is sufficient

ground for proceeding against the accused;

(f) where there is an