DEPUTY SUPERINTENDENT OF POLICE Vs. THIRUMURUGAN GANDHI

JUDGEMENT

(1.) This criminal revision has been filed seeking to set aside the order dated 07.02.2020 passed by the Assistant Judge of Additional Special Court for cases relating to elected Members of Parliament and Member of Legislative Assembly of Tamil Nadu, Chennai (for brevity "the Special Court") in C.M.P. No.25629 of 2019 in C.C. No.74 of 2019.

(2.) It is the case of the petitioner/State that on 20.05.2018, Thirumugan Gandhi (A.1), Vaiko (A.2), Tyson (A.3) and their supporters numbering 500 gathered near Kannagi Statue Bus Stand to condole the genocide of Tamils in Eelam, in violation of prohibitory orders that was in force, at that time; therefore, the police registered a case in Zam Bazaar P.S. Cr. No.74 of 2018 on 20.05.2018 for the offences under Sections 143 and 188 IPC and Section 71(xv) and 41 of the Tamil Nadu Police Act, 1888, against the said trio and 500 others.

(3.) After completing the investigation, the Inspector of Police, Zam Bazaar Police Station filed a final report before the XIII Metropolitan Magistrate Court, Egmore, Chennai, which was taken on file on 02.08.2018 as C.C. No.5780 of 2018 and process was issued to Thirumurugan Gandhi (A.1), Vaiko (A.2), Tyson (A.3), Kavignar Validoss (A.4) and Thabasi Kumaran (A.5).