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HC quashes FIR against women, says opposing Tasmac is a right

“If establishing Tasmac shops as a source of income is a policy decision of the government, then the people who suffer due to the consequences also have equal rights to oppose the same,” the Madras High Court held while quashing an FIR against 10 women for pelting stones at a Tasmac shop in Salem.

HC quashes FIR against women, says opposing Tasmac is a right
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Chennai

Justice Anand Venkatesh on holding that the court has absolutely no hesitation in quashing the FIR registered against the women in 2017, said, “In the present case, the location of the shop was in an objectionable place and the women had opposed it by using some force. Immediately, the same resulted in a police complaint and a final report was also filed before the concerned court with astonishing speed.” 

Also, on pointing out that in the considered view of the court, the act committed by the accused persons can be brought under the general exceptions under Chapter IV of the Indian Penal Code (IPC), Justice Anand Venkatesh said, “The police while registering the FIR also added Section 353 of the IPC on the grounds that the salesman, who was selling liquor was performing a public duty.” 

“This is the extent to which public duty has now been expanded by the State,” the judge remarked, while ruling in favour of the aggrieved women, who owing to the sufferings in the hands of their respective alcoholic husbands, had objected to the location of Tasmac shop in their area.

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