V.Rajakumaran vs State Represented By
2021 Latest Caselaw 16168 Mad

Citation : 2021 Latest Caselaw 16168 Mad
Judgement Date : 9 August, 2021

Madras High Court

V.Rajakumaran vs State Represented By on 9 August, 2021

                                                                                        Crl.O.P.No.6496 of 2018

                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                       DATED : 09.08.2021

                                                             CORAM

                                   THE HONOURABLE MR.JUSTICE M.DHANDAPANI

                                                      Crl.O.P.No.6496 of 2018
                                                                and
                                                     Crl. M.P. No. 3388 of 2018

                V.Rajakumaran                                                     ... Petitioner
                                                                Vs.
                State Represented by
                Inspector of Police
                S-15, Selaiyur Police Station
                Chennai.
                (Crime No. 1230/2017)                                             ... Respondents

                Prayer: This Criminal Original Petition filed under Section 482 Cr.P.C. to call for
                the records culminated in first information report in Cr. No.1230 of 2017 dated
                22.07.2017 on the file of the respondent police and quash the same.


                                    For Petitioner             : Mr.V.Rajakumaran
                                    For Respondents            : Mr.C.E.Pratap
                                                                Government Advocate (Crl. side)

                                                             ORDER

This Criminal Original Petition has been filed seeking to quash the F.I.R in

Crime No.1230 of 2017 on the file of the respondent police.

2. The case of the petitioner is that the petitioner is working as Deputy https://www.mhc.tn.gov.in/judis/

Crl.O.P.No.6496 of 2018

Manager of Kaleesuwari Refinry Ltd., Mambakkam Main Road, Vengaivasal,

Chennai. There are 750 employees are working in the factory. Out of which, there

is 250 women employees are working and the factory is functioning round the

clock. In the meanwhile. two TASMAC liquor shops attached with deluxe bar

have been opened near the factory premises. From the day of opening of the abve

Tasmac shops, there is continuous threatening to security and safety of women

employees.

3. On 22.07.2017, Vengaivasal Villagers, its President and the petitioner's

factory employees organized a demonstration in front of the Tasmac shops, for

which the respondent police registered a case against the petitioner and other

accused persons in Cr.No.1230 of 2017 for the offence under Section 143 & 188

of IPC.

4. Challenging the same, the petitioner has filed the present petition to

quash the FIR.

5. The learned counsel for the petitioner submitted that on 22.07.2017, the

petitioner and Vengaivasal Villagers, its President and the petitioner's factory

employees organized a demonstration in front of the Tasmac shops in peaceful https://www.mhc.tn.gov.in/judis/ manner without affecting law and order. The petitioner is arrayed as first accused

Crl.O.P.No.6496 of 2018

in the FIR. But there is no specific overtact attributed against the petitioner and

there is no allegation for threatening to cause damage to the public property. The

mere fact that the petitioner was a part of group which stood in front of the

Tasmac shop and raising slogans seeking closure of Tasmac shops. Hence, the

learned counsel prays to quash the FIR.

6. Heard the learned counsel for the petitioner as well as the learned

Government Advocate (Crl side).

7.The facts of the present case is covered by the reported Judgments of this

Court in Jeevanandham and others Vs. State Rep. by Inspector of Police and

another reported in (2018) 2 LW Crl 606 and Sri Raja Vs. State Rep. By

Inspector of Police, Sivakasi Town Police Station, Virudhunagar District, and