Madras High Court
M.Kathiravan vs State Rep.By on 15 February, 2024
Author: N. Anand Venkatesh
Bench: N. Anand Venkatesh
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 15.02.2024
CORAM
THE HONOURABLE MR.JUSTICE N. ANAND VENKATESH
Crl.O.P.No.23045 of 2023
and Crl.MP.No.16143 of 2023
M.Kathiravan ... Petitioner/Sole Accused
Vs.
1.State rep.by
The Inspector of Police
Town Police Station
Thiruvallur. .. Respondent/Complainant
(Crime No.206 of 2022)
2.Mr.S.Pradeep Kumar
S/o.Selvaraj
Village Administrative Officer (I/C)
Thiruvallur Town
Thiruvallur District. .. Respondent/Defacto Complainant
Prayer: Criminal Original Petition is filed under Section 482 of the Code of
Criminal Procedure to call for the records of the FIR in Crime No.206 of 2022
dated 17.5.2022 pending on the file of the Thiruvallur Town Police Station,
Thiruvallur District and quash the same.
For Petitioner : Mr.A.Suresh Sakthi Murugan
For Respondent : Mr.A.Gopinath
Government Advocate (Crl.Side)
for R1
Page 1 of 4
https://www.mhc.tn.gov.in/judis
ORDER
This petition has been filed to quash the FIR in Crime No.206 of 2022,
pending investigation before the 1st respondent.
2.The case of the prosecution is that on 11.5.2022 at about 5.00 pm.,
near bust stand, the petitioner is said to have been distributed pamphlets to the
students and had made highly derogatory remarks against the Minister of School
Education. It is further stated that there were some false and derogatory
contents in the pamphlet. The petitioner was said to be targeting the students
and polluting their minds. Based on the complaint given by the 2 nd respondent,
an FIR came to be registered in Crime No.206 of 2022 on 17.5.2022, for the
offences under Sections 117, 108A, 109, 120B, 153A, 290 and 504 IPC.
3.The 1st respondent has filed a counter affidavit and has justified the
registration of the FIR on the ground that the petitioner had distributed
pamphlets among the students which contained highly derogatory remarks
which might have resulted in incitement against the Government. Therefore, the
1st respondent has justified the registration of FIR.
4.This Court has carefully considered the submissions made on either side
and the materials available on record.
Page 2 of 4
https://www.mhc.tn.gov.in/judis
5.In the considered view of this Court, the petitioner had expressed his
dissatisfaction regarding the prevailing school education. The petitioner might
have used some strong words in the pamphlet that was distributed to the
students. However, even if the allegations are taken as it is, no offence has
been made against the petitioner amd no useful purpose will be served in
continuing with the investigation in this case and the facts of the present case
can also be brought within the scope of Section 95 of IPC.
6.In the light of the above discussion, the investigation in Crime No.206 of
2022 dated 17.5.2022, pending on the file of the 1st respondent is hereby
quashed and this criminal original petition stands allowed. Consequently,
connected miscellaneous petition is closed.
15.02.2024
KP
Index : Yes / No
Speaking order / Non-speaking order
Neutral Citation : Yes / No
To
1.The Inspector of Police
Town Police Station, Thiruvallur.
2.Mr.S.Pradeep Kumar
Village Administrative Officer (I/C)
Thiruvallur Town, Thiruvallur District.
3.The Public Prosecutor,
High Court of Madras, Madras.
Page 3 of 4
https://www.mhc.tn.gov.in/judis
N. ANAND VENKATESH, J.
kp Crl.O.P.No 23045 of 2023 15.02.2024 Page 4 of 4 https://www.mhc.tn.gov.in/judis