Document Fragment View

Matching Fragments

This petition has been filed to quash the proceedings in C.C.No.765 of 2019 pending on the file of the learned Judicial Magistrate http://www.judis.nic.in No.III, Tirunelveli, having been taken cognizance for the offence under Section 7(1)(a) Criminal Law Amendment Act,2005. Initially the first respondent registered a case against the petitioner for the offence under Section 7(1)(a) of CLA Act,2005 on the allegation suspecting the petitioner who committed offence against general public.

2. The learned counsel for the petitioner would submit that no offence has been committed by the petitioner to attract offence. Even according to the case of the prosecution the offence under Section 7(1)(a) of CLA Act, 2005 is nothing but section 25 of the Criminal Procedure (Amendment) Act, 2005 shall be omitted. It is not pertaining to any of the offence. Further as per Section 154 of Cr.P.C the First Information Report book is meant for recording information of cognizable offences. Even according to the First Information Report absolutely no offence has been committed by the petitioner and only on assumption the case has been registered. Therefore he sought for quashing the First Information Report.

4. Heard Mr.Ma.Karunanithi, learned counsel for the petitioner and Mr.K.Suyambulinga Bharathi, learned Government Advocate(Crl.Side) appearing for the first respondent.

5. It is seen that the First Information has been registered against three persons in Crime No. 765 of 2018 for the offences under Section 7(1)

(a) of CLA Act,2005 on the allegation that the accused persons are going to protest against the persons who fighted for social cause and as also decided to attack the tasmac shop and also to set fire to the Government buses. It is seen from the provision under Section 7(1)(a) of CLA Act,2005 that Section 25 of the Criminal Procedure (Amendment) Act, 2005 shall be omitted. He is in no way connected with the allegation made by the prosecution. More over, the First Information Report Book is meant only for recording information of cognizable offences under Section 154 of Cr.P.C. It would be proper that whenever the respondent police receives information which may be recorded by Executive Magistrate under Sections 107 to 110 of Cr.P.C and the same to be entered in a separate register, for initiating proceedings under the above provision by the Executive Magistrate. http://www.judis.nic.in

6. In the case on hand, the case has been registered for offence under Section 7(1)(a) of CLA Act,2005. That apart the first respondent conducted investigation and also filed final report. It is also taken cognizance mechanically even without any punishable offences. Therefore the entire proceedings taken cognizance for offence under Section 7(1)(a) of CLA Act, 2005 has to be vitiated.