Madras High Court Quashes Case Against Men Who Allegedly Raised Slogans Against PM Over Demonetization Decision In 2016

The Madras High Court has recently quashed a case against 5 persons who had allegedly indulged in a protest and had raised various slogans against Prime Minister for announcing Demonetization.

The bench of Justice N. Sathish Kumar observed that the offences against the accused under Sections 143, 188 of IPC @ 143, 149, 353 IPC were not made out.

Essentially, In November 2016, the members of the May-17 Organization along with its Leader and 100 participants indulged in the protest/agitation near Valluvar Kottam, Nungambakkam.

Since they had allegedly raised slogans against the PM, they were booked under the aforementioned sections for unlawfully assembling and causing disturbance to the public.

However, they moved the instant plea before the High Court arguing that the prosecution had been launched with false allegations and even if the entire prosecution case was taken at face value, the same would not constitute any offence and therefore, they submitted that the same may be quashed.

Perusing the FIR, the Court observed that it was not the case of the prosecution that the petitioners along with other accused had unlawfully assembled and used force or violence and hence, the Court held that the offences under sections 143 of IPC is not attracted.

Further, the Court also noted that since it is not the case of the prosecution that the accused have used criminal force to deter a public servant from discharging his official duty to attract the offence under section 353 of IPC, therefore, even this provision won't be applied.

In view of this, the Court opined that the mere launching of FIR by the prosecution itself is not sufficient to reach the conclusion that offences are made out and the materials collected by the prosecution do not support the case and continuing the prosecution on shaky or without any materials is a clear abuse of process of law.

Consequently, the Criminal Original Petition was allowed and proceedings against the petitioners on the file of the Metropolitan Magistrate, Egmore, Chennai were quashed.

Case title - Jegan @ Ellamaran and others v. State and another

Case Citation: 2022 LiveLaw (Mad) 392

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