Madras High Court
Tamil Mani vs The State Represented By on 1 April, 2022
1
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 01.04.2022
CORAM
THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA
Crl.O.P(MD).No.14499 of 2019
1.Tamil Mani,
S/o.Venkatachalam Pillai
2.I.P.Senthilkumar,
S/o.I.Periyasamy
3.Areefideen,
S/o.Late Mohammed Sithik
4.Padmanaban,
S/o.Chinnadurai
5.Sakthivel,
S/o.Marimuthu
6.Anwarudeen,
S/o.Shahul Hameed ... Petitioners
Vs
1.The State Represented by
The Inspector of Police,
Palani Town Police Station,
Dindigul District.
(Crime No.421 of 2016)
2.Syed Ibrahim,
S/o.Sheik Mohamed ... Respondents
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2
Prayer: This Criminal Original Petition has been filed under Section 482 of
Criminal Procedure Code, to call for the entire records pertaining to the case in
Crime No.421 of 2016 pending on the file of the Inspector of Police, Palani
Town Police Station, Dindigul District and quash the same as against the
petitioners.
For Petitioners : Mr.R.Anand
For Respondents :
For R1 : Mr.A.Gokulakrishnan
Additional Public Prosecutor
ORDER
This Criminal Original Petition has been filed, to call for the entire
records pertaining to the case in Crime No.421 of 2016 pending on the file of
the Inspector of Police, Palani Town Police Station, Dindigul District for the
offences punishable under Sections 143, 341 and 188 of IPC and quash the
same as against the petitioners.
2. The case of the prosecution as per the second respondent/defacto
complainant is that on 14.05.2016 at about 5.00.p.m., the petitioners along with
their party cadres of about 300 members have gathered together under the head
of the 1st petitioner near Pazhani Adivaram and proceeded with the rally for the
purpose of election campaigning, thereby, causing hindrance to the traffic and
the public. Based on the complaint given by the second respondent/defacto
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complainant, the first respondent police has registered a case in Crime No.421
of 2016 for the offences punishable under Sections 143, 341 and 188 of I.P.C.
The said Criminal Proceedings is under challenge in this Criminal Original
Petition.
3. The learned counsel appearing for the petitioners would submit that
the facts of the case are similar to the case covered in the decision 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.
4. Mr.A.Gokulakrishnan, 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.
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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.
7. In view of the above, no useful purpose will be served by allowing
the proceedings to be continued against the petitioners/accused. This Criminal
Original Petition stands allowed and considering the facts and submissions, the
proceedings in Crime No.421 of 2016 on the file of the Inspector of Police,
Palani Town Police Station, Dindigul District is hereby quashed in respect of the
petitioners/accused.
01.04.2022
(2/3)
Index : Yes/No
Internet : Yes/No
Speaking/Non-speaking order
arb/rgm
https://www.mhc.tn.gov.in/judis
A.D.JAGADISH CHANDIRA,J.
arb/rgm
To
1.The Inspector of Police,
Palani Town Police Station,
Dindigul District.
2.The Public Prosecutor,
High Court of Madras.
Crl.O.P(MD).No.14499 of 2019
01.04.2022
(2/3)
https://www.mhc.tn.gov.in/judis
