IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 09.01.2025 CORAM THE HON'BLE MR.K.R.SHRIRAM, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY WMP Nos. 37104, 37106, 37124, 37125 and 37130 of 2024 IN WP No. 16154 OF 2020 W.P.No.37104 of 2024 Inspector Of Police East Police Station, Kumbakonam. Petitioner(s) Vs The State of Tamilnadu Rep By The Chief Secretary, Fort St.George, Secretariat, Chennai-600 009 and 5 Others Respondent(s) For Petitioner(s): Mr.Hasan Mohamed Jinnah, Public Prosecutor For Respondent(s): Mr.Srinath Sridevan, Amicus Curiae : Mr.P.S.Raman, Advocate General Assisted by Mr.A.Edwin Prabhakar, State Govt. Pleader assisted by Mr.M.Habeeb Rahman, Govt Advocate for R1 to R5 https://www.mhc.tn.gov.in/judis COMMON ORDER (Order of the Court was made by the Hon'ble Chief Justice) These W.M.Ps. have been filed in view of the proposition laid down by the Apex Court in State of Kerala vs. K.Ajith & Other (Crl.A.No.697/2021 @ SLP (Crl.) No.4001 of 2021 and Crl.A.No.698/2021 @ SLP (Crl) No.4481/2021), on the following grounds (WMP.No.37104/2006): i. This case has been instituted for political reasons. ii. The continuance of trial in this case may not result in successful prosecution. iii. There appears to be no destruction of any public property, not involving public funds and the discharge of Public Trust and Corruption and also the veracity of the offence is not grave in nature. No acts of vandalism alleged. iv. The trial of this case would result in unnecessary expense to the State exchequer. v. The withdrawal of this case is for the better administration of criminal justice. vi. That the petition is filed in good faith in the furtherance of public interest. vii.The withdrawal is sought for on the grounds of 'Public Property' and that the alleged offence is not against any law relating to the Central Government. viii.That apart nothing affects the rights of the individual (including the legal heir) against whom the offence is alleged to have committed to prefer a complaint in respect of the offence as per Section 199 (6) Cr.P.C. before the Magistrate concerned. https://www.mhc.tn.gov.in/judis 2. The Apex Court in Ashwini Kumar Upadhyay vs. Union of India and another, (WP (C) No.699/2016, order dated 10.08.2021) has observed as under: "In view of the law laid down by this court, we deem it appropriate to direct that no prosecution against a sitting or former MP/MLA shall be withdrawn without the leave of the High Court in the respective suo motu writ petitions registered in pursuance of our order dated 16.09.2020. The High Courts are requested to examine the withdrawals, whether pending or disposed of since 16.09.2020 in light of guidelines laid down by this Court." 3. The learned Public Prosecutor states that since the leave of this Court is mandatory for withdrawal of the cases, the Court may grant leave to sub-serve the public interest. 4. The learned Amicus Curiae has also submitted Memo No.3. In the said memo, paragraph D (1) to (3) read as under: "D. SUBMISSIONS OF THE AMICUS Applying the established principles of law, it is humbly submitted as under:- (1)None of the FIRs mention any loss to the public, injury, disruption of supply of essential commodities to the public, by virtue of the rasta roko. The duration of the rasta roko appears to be on the lower side. (2)The intent behind each protest was purely political. https://www.mhc.tn.gov.in/judis (3)Therefore, each of the rasta roko cases namely, WMP No.37104, 37106, 37124, 37125 and 37130/2024 appear to have had a negligible impact on public life. The absence of any harm, coupled with the purely political nature of the protest suggests that more harm than good would be done, in permitting the continuance of this prosecution. ..." 5. With the assistance of the learned Public Prosecutor and the learned Amicus Curiae, we have considered the applications and the grounds. The gist of the cases is that the accused and others were engaged in road roko for reasons mentioned in the FIRs. As the road roko does not appear to have resulted in destruction of public property or involved public funds or public trust or corruption and no vandalism was alleged and does not appear to be grave in nature, in our view, leave can be granted, which we hereby grant. Accordingly, WMP Nos.37104, 37106, 37124, 37125 and 37130 of 2024 are disposed of. (K.R.SHRIRAM, CJ.) (SENTHILKUMAR RAMAMOORTHY, J.) 09.01.2025 SRA https://www.mhc.tn.gov.in/judis