Indian Kanoon - Search engine for Indian Law

This Criminal Original Petition has been filed seeking to call for the entire records of the proceedings pending on the file of the Judicial Magistrate- II at Thiruvannamalai in C.C.No.201 of 2019 against the petitioners and quash the same.

2. The case of the prosecution is that on 04.06.2018, at about 11.00 a.m., the petitioners/accused under the leadership of the North District https://www.mhc.tn.gov.in/judis Secretary, Kanthan of Naam Thamilar Katchi, made an attempt to raise slogans at Pandu Hotel, Theebam Nagar, Thiruvannamalai to Vellore High Road, opposing the laying of 8 Lane Road between Salem to Chennai without any permission, thereby, causing hindrance to the traffic and public and also threatened to damage the vehicles of bus and car to damage the glasses. Based on the complaint given by the 2nd respondent, the first respondent police registered the complaint in Crime No. 887 of 2018 and filed a charge sheet against the petitioners for the offences under Sections 147, 188 of IPC and Section 7(1)(a) if Criminal Law Amendment Act and Section 341 of IPC in C.C.No.201 of 2019 on the file of the learned Judicial Magistrate-II at Thiruvannamalai. The said criminal proceedings is under challenge in this criminal original petition.

4. Per contra, the learned Additional Public Prosecutor submitted that on 04.06.2018, at about 11.00 a.m., the petitioners/accused along with their party cadres under the leadership of the North District Secretary, Kanthan of Naam Thamilar Katchi, had gathered together and protested by raising slogans at Pandu Hotel, Theebam Nagar, Thiruvannamalai to Vellore High Road, opposing the laying of 8 Lane Road between Salem to Chennai without any permission, thereby, causing hindrance to the traffic and public and also threatened to damage the vehicles of bus and car to damage the glasses. He would further submit that Section 188 of IPC is a cognizable offence and therefore it is the duty of the police to register a case. Though there is a bar under Section 195(1) (a) of Cr.P.C. to take cognizance for the offence under Section 188 of IPC, it does not mean that the police cannot register FIR and investigate the case. Therefore, he vehemently opposed the quash petition and prayed for dismissal of the same.

https://www.mhc.tn.gov.in/judis

5. Heard the learned counsel and perused the materials available on record.

6. On a perusal of the charge as against the petitioners are concerned, the first respondent levelled the charge under Sections 147, 188 of IPC and Section 7(1)(a) if Criminal Law Amendment Act and Section 341 of IPC., as against the petitioners. It is seen from the charge sheet that on 04.06.2018, at about 11.00 a.m., the petitioners/accused along with their party cadres under the leadership of the North District Secretary, Kanthan of Naam Thamilar Katchi, had gathered together and protested by raising slogans at Pandu Hotel, Theebam Nagar, Thiruvannamalai to Vellore High Road, opposing the laying of 8 Lane Road between Salem to Chennai without any permission, thereby, causing hindrance to the traffic and public and also threatened to damage the vehicles of bus and car to damage the glasses. Based on the complaint given by the second respondent, the first respondent police had registered the complaint and filed the charge sheet against the petitioners for the offences under Sections 147, 188 of IPC and Section 7(1)(a) if Criminal Law Amendment Act and Section 341 of IPC., It is also seen from the charge sheet itself that the charges https://www.mhc.tn.gov.in/judis are very simple in nature and trivial.

12. Accordingly, the proceedings in C.C..No.201 of 2019 on the file of the learned Judicial Magistrate-II, Thiruvannamalai is quashed and this Criminal Original Petition is allowed. Consequently, connected miscellaneous petitions are closed.

                                                                                          28.04.2022
                rgi
                Index     : Yes/No
                Internet  : Yes/No
                Speaking/Non-speaking order


https://www.mhc.tn.gov.in/judis




                                                           A.D.JAGADISH CHANDIRA,J.

                                                                                          rgi


                To

                1. The Inspector of Police,
                  Thiruvannamalai Taluk Police Station,
                  Thiruvannamalai.

                2.The Public Prosecutor,
                  High Court of Madras.





                                                      and Crl.M.P.Nos.5510 & 5513 of 2022




                                                                                28.04.2022




https://www.mhc.tn.gov.in/judis