Madras High Court
Sachithanantham vs The State Rep By on 5 July, 2021
Crl.O.P.(MD)No. 8759 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 05.07.2021
CORAM :
THE HONOURABLE Mr. JUSTICE G.ILANGOVAN
Crl.O.P.(MD)No.8759 of 2021
and Crl.M.P(MD)Nos.4491 and 4492 of 2021
1.Sachithanantham
2.Thayalan
3.Saiyed Atham sead
4.Sakkarai Gounder
5.Balachandran
6.Gurusamy
7.Rathnavel
8.Palanisamy
9.Kalidass
10.Vartharaj
11.Lakshmanan
12.Palanisamy
13.Alagarsamy
14.Veeravel
15.Vetrivel
16.Lakshmanan
17.Arumugam
18.Kathieasan
19.Karuppan ... Petitioners 1 to 19/Accused 1 to 19
Vs.
1.The State rep by
Rep. by Inspector of Police,
Reddiyarchatram Police Station,
Dindigul District
(Crime No.58 of 2017) ... 1st Respondent/Complainant
2.Muthukumar ... 2nd Respondent/Defacto Complainant
Prayer : Criminal Original Petition filed under Section 482 of the Code of
Criminal Procedure, to call for the records in connection with the impugned
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Crl.O.P.(MD)No. 8759 of 2021
charge sheet in S.T.C.No.70 of 2018 pending on the file of the learned
Judicial Magistrate Court, Oddanchatram, Dindigul District and quash the
same in so far as the petitioners are concerned.
For Petitioners : Mr.Sarvagan Prabhu
For R1 : Mr.R.M.Anbunithi,
Additional Public Prosecutor
ORDER
This petition is filed seeking a direction to quash the charge sheet in
S.T.C.No.70 of 2018 pending on the file of the learned Judicial Magistrate
Court, Oddanchatram, Dindigul District.
2. Heard the learned counsel for the petitioners and the learned
Additional Public Prosecutor appearing for the first respondent police.
3. The case of the petitioners is that on 25.04.2017 at about 11.00 a.m
the petitioners and others were found making 'Dharna' without proper prior
permission demanding waiver of agricultural loan in K.Puthupatti in
Dindigul Palani Road and also caused disturbance to the traffic. Based upon
the complaint given by the defacto complainant, namely, the Sub Inspector
of Police, attached to the respondent police, a case in Crime No.58 of 2017
for the offences under Section 341, 143, 188 IPC has been registered. Based
upon the First Information Report, investigation has been undertaken and
https://www.mhc.tn.gov.in/judis/
Crl.O.P.(MD)No. 8759 of 2021
final report has been filed before the Judicial Magistrate, Oddanchatram,
Dindigul District and the same has been taken on file in STC No.70 of 2018.
4. Challenging the final report this petition is filed mainly on the
ground that Section 188 IPC is non-cognizable offence and the police has
no right to file a final report.
5. The learned counsel for the petitioners has relied upon the
judgment reported in 2018(2) L.W (Crl.)606 (In Jeevanandhan and others
Vs. State rep. by Inspector of Police, Velayuthampalayam Police
Station, Karur District and another) wherein a elaborate discussion has
been made regarding the powers of police under Section 188 IPC. In view
of the settled preposition of law,cognizance taken by the Judicial Magistrate
is without jurisdiction.
6. The next offence alleged is Section 341 IPC for the purpose of
taking cognizance under this offence, there must be sufficient material to
show that the petitioners indulged in restraining either public or the traffic
from proceedings in any particular direction. In this case, no such allegation
is not attributed by the petitioners.
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Crl.O.P.(MD)No. 8759 of 2021
7. So far as Section 143 IPC is concerned, for the purpose of taking
cognizance under Section 143 IPC, the ingredients under Section 141 IPC
must be brought on record. Section 141 IPC reads s follows:
141. Unlawful assembly —An assembly of five or more
persons is designated an "unlawful assembly", if the
common object of the persons composing that assembly is
First To overawe by criminal force, or show of criminal
force, 1the Central or any State Government or Parliament
or the Legislature of any State, or any public servant in the
exercise of the lawful power of such public servant; or
Second To resist the execution of any law, or of any legal
process; or
Third To commit any mischief or criminal trespass, or
other offence; or
Fourth By means of criminal force, or show of criminal
force, to any person, to take or obtain possession of any
property, or to deprive any person of the enjoyment of a right
of way, or of the use of water or other incorporeal right of
which he is in possession or enjoyment, or to enforce any
right or supposed right; or
Fifth By means of criminal force, or show of criminal
force, to compel any person to do what he is not legally
bound to do, or to omit to do what he is legally entitled to do.
Explanation — An assembly which was not unlawful when it
assembled, may subsequently become an unlawful
assembly.
From the reading of Section 141 IPC, the ingredients of offence are not
attracted to the present occurrence. It appears that the petitioners and others
gathered for making protest demanding waiver of agricultural loan. There is
no material on record or material collected during the investigation to the
effect that the protest turned to violence at the end or during the course of
protest. It appears that nationwide Bandh was called for by the Farmers
Union demanding waiver of agricultural loan. Hence, it should not be
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Crl.O.P.(MD)No. 8759 of 2021
considered an unlawful assembly gathered illegally. As observed in
Jeevanandham's case, the respondent police would have detained the
petitioners under Section 41 CR.P.C and would have released them after
that. Without doing that, registration of case and filing of final report may
not be considered to be proper since the right of protest has been recognized
and that too conducting the protest without any violence cannot be
considered to be per se illegal.
8. In view of the foregoing reasons, the charge sheet in S.T.C.No.70
of 2018 pending on the file of the learned Judicial Magistrate Court,
Oddanchatram, Dindigul District, is liable to be quashed. Accordingly, the
same is quashed.
9. In fine, this petition is allowed. Consequently, connected
miscellaneous petitions are closed.
05.07.2021
Index : Yes/No
Internet: Yes/No
CM
Note : In view of the present lock down owing to
COVID-19 pandemic, a web copy of the order may
be utilized for official purposes, but, ensuring that
the copy of the order that is presented is the correct
copy, shall be the responsibility of the
https://www.mhc.tn.gov.in/judis/ advocate/litigant concerned.
Crl.O.P.(MD)No. 8759 of 2021
To
1.The Inspector of Police,
Reddiyarchatram Police Station,
Dindigul District.
2. The Judicial Magistrate Court,
Oddanchatram,
Dindigul District
3. The Additional Public Prosecutor,
Madurai Bench of Madras High Court,
Madurai.
https://www.mhc.tn.gov.in/judis/
Crl.O.P.(MD)No. 8759 of 2021
G.ILANGOVAN, J.,
CM
Crl.O.P.(MD)No.8759 of 2021
and Crl.M.P(MD)Nos.4491 and 4492 of 2021
05.07.2021
https://www.mhc.tn.gov.in/judis/
