Crl.O.P.No.21246 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED 06.09.2022
CORAM
THE HONOURABLE Mr.JUSTICE G.K.ILANTHIRAIYAN
Crl.O.P.No.21246 of 2022
and
Crl.M.P.No.13833 of 2022
Thangaraja ... Petitioner
Vs
1. State rep by,
The Inspector of Police,
Singanallur Police Station,
Coimbatore – Post & District.
(Crime No.160 of 2021)
2. Raja Kumar ... Respondents
PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C,
praying to call for the records relating to the F.I.R. in Crime No.160 of 2021
on the file of the first respondent and quash the same.
For Petitioner : Mr.D.Veerasekaran
For Respondents : Mr.E.Raj Thilak,
Additional Public Prosecutor (for R1)
Page 1 of 5
https://www.mhc.tn.gov.in/judis
Crl.O.P.No.21246 of 2022
ORDER
This petition has been filed to to call for the records relating to the First Information Report in Crime No.160 of 2021 on the file of the first respondent and quash the same.
2. The case of the prosecution is that on 11.02.2021 at about 10.40 hours, the first respondent received discrete information that the petitioner along with others discussed near Kallimadai junction of Coimbatore-Trichy Road and they planed for road roko to oppose the erection of cell phone tower in their area. Based on the said information, the first respondent/police and his parties reached the spot at 10.45 hours. The petitioner along with others gathered and blocked the road and caused nuisance to the traffic and public peace. Therefore, the first respondent/police registered a case in Crime No.160 of 2021 for the offences under Sections 143, 341 of IPC on 11.02.2021.
3. The learned counsel appearing for the petitioner would submit that the facts of the case are similar to the case covered in the decision reported Page 2 of 5 https://www.mhc.tn.gov.in/judis Crl.O.P.No.21246 of 2022 in 2018 2 LW (Crl) 606 [Jeevanandham and others Vs The Inspector of Police Velayuthampalayam Police Station, Karur District] dated 20.09.2018 and in the case of Sri Raja Vs Inspector of Police, Sivakasi Town Police Station Virudhunagar District and other in Crl.O.P(MD).No.7922 of 2019, etc. batch, dated 30.08.2019.
4. Mr.E.Raj Thilak, learned Additional Public Prosecutor appearing for the first respondent, would submit that the facts of the case are similar to the facts covered under the judgment referred above.
5. Heard both sides and perused the materials available on record.
6.The facts of this case is similar to the facts covered by the Judgment of this Court reported in 2018 2 LW (Crl) 606 [Jeevanandham and others Vs The Inspector of Police Velayuthampalayam Police Station, Karur District] dated 20.09.2018 and in the case of Sri Raja Vs Inspector of Police, Sivakasi Town Police Station Virudhunagar District and other in Crl.O.P.(MD) No.7922 of 2019, etc., batch, dated 30.08.2019. Page 3 of 5 https://www.mhc.tn.gov.in/judis Crl.O.P.No.21246 of 2022
7. In view of the above, no useful purpose will be served by allowing the proceedings to be continued against the petitioner/accused. This Criminal Original Petition stands allowed and considering the facts and submissions, the First Information Report in Crime No.160 of 2022 pending on the file of the first respondent, is hereby quashed in respect of the petitioner/accused. Consequently, connected miscellaneous petitions are closed.
06.09.2022 Index:Yes/no Speaking/non speaking order kv To
1. The Inspector of Police, Singanallur Police Station, Coimbatore – Post & District.
2.The Public Prosecutor, Madras High Court, Chennai.
Page 4 of 5 https://www.mhc.tn.gov.in/judis Crl.O.P.No.21246 of 2022 G.K.ILANTHIRAIYAN. J, kv Crl.O.P.No.21246 of 2022 06.09.2022 Page 5 of 5 https://www.mhc.tn.gov.in/judis