SYED BURKANUDEEN Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) This Criminal Original Petition has been filed to quash the FIR in Crime No.721 of 2024 on the file of the 1st respondent Police, registered against the petitioner (A1) and others for the offences under Ss. 189(2), 221, 126(2) and 223 BNS.

(2.) It is the case of the prosecution that, on 5/12/2024, the petitioner and others approached the 1st respondent Police Station and lodged an oral complaint as against an individual namely Ibrahim as if he had abused the petitioner. The Officer-in-charge of the Police Station asked the petitioner to lodge a written complaint. When the Sub-Inspector of Police arrived and enquired the matter, the petitioner and others refused to cooperate with the enquiry and started a protest by holding the flags of Indian National Congress Party in front of the Police Station and restrained the public from entering the Police Station. Despite warnings given by the Police, the petitioners and the group did not disperse and hence, the Sub-Inspector of Police registered a case as against the petitioner and others for the offences under Ss. 189(2), 221, 126(2) and 223 BNS. Challenging the same, the present petition has been filed.

(3.) Learned counsel for the petitioners would submit that the entire allegations in the FIR do not make out any offence as against the petitioner. Therefore, continuing the prosecution as against the petitioner is only a futile exercise and therefore, the FIR has to be quashed.