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Judgment
The present petition has been filed by A22 in Cr.No. 1337 of 2022 on the file of the first respondent police seeking to quash the FIR, wherein, the petitioner along with others are alleged to have committed offences under Section 143, 283 of IPC r/w Section 41(6)(b) of Tamil Nadu City Police Act, 1888.
Perusal of the FIR reveals that the accused persons, who belong to a National Political Party have unlawfully assembled at about 10:10 AM at Ariyamangalam and raised slogans protesting as against the arrest of their District President. They were dispersed after 10 minutes.
According to the learned counsel appearing for the petitioner, protesting as against the arrest of their District President, they have protested in a democratic manner and they were dispersed within a period of 10 minutes and in such circumstances, the same cannot be considered to be a criminal offence.
The learned Government Advocate appearing for the first respondent submitted that the final report was filed before the learned Judicial Magistrate No.VI, Tiruchirappalli on 14.02.2023 and the same has not been taken on file so far.
Heard the learned counsels on either side and perused the materials on record.
As could be seen from the FIR, the only allegation as against the petitioner and others are that they have unlawfully assembled and protested as against the arrest of their District President for a period of 10 minutes. There is no allegation of whatsoever of any damage to any public property. In such circumstances, the same cannot be considered to be a criminal offence and the continuation of the criminal proceedings as against the petitioner and others, who stand on the same footing, are only an abuse of process of law.
In such view of the matter, this Court is inclined to pass the following orders:
■ The FIR in Cr.No.1337 of 2022 on the file of the first respondent police stands quashed not only as against the petitioner, but also as against the other accused persons.
■ The learned Judicial Magistrate No.VI, Tiruchirappalli is directed not to take the final report on file.
Accordingly, this Criminal Original Petition stands allowed. Consequently, connected miscellaneous petition is closed.