Madras High Court
Uchimagakali @ Uchimakali vs The State Represented By on 25 April, 2022
Crl.O.P.No.9206 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 25.04.2022
CORAM :
THE HONOURABLE MR. JUSTICE A.D.JAGADISH CHANDIRA
Crl.O.P.No.9206 of 2022
and
Crl.M.P.Nos.5357 & 5360 of 2022
1. Uchimagakali @ Uchimakali
2. Jansi Rani
3. Niruban Chakaravarthi
4. Subbashchandra Boss
5. Chinthan
6. Vignesh
7. Sakthivel
8. Chandru
9. Sarath Kumar
10. Prabhakaran ... Petitioners
Vs.
1. The State Represented by:-
The Inspector of Police,
V-5, Thirumangalam Police Station,
Chennai - 101.
2. C.Lawrance Mani ... Respondents
PRAYER : Criminal Original Petition is filed under Section 482 Cr.P.C.,
pleased to call for the records in C.C.No.2330 of 2022 on the file of the learned
XIII Metropolitan Magistrate Court, at Egmore and to quash the same.
1/6
https://www.mhc.tn.gov.in/judis
Crl.O.P.No.9206 of 2022
For Petitioners : Mr.R.Thirumoorthy
For Respondents : Mr.A.Gokulakrishnan
Additional Public Prosecutor.
ORDER
This Criminal Original Petition has been filed to call for the records
in C.C.No.2330 of 2022 on the file of the learned XIII Metropolitan Magistrate
Court, at Egmore and to quash the same.
2. The case of the prosecution is that on 11.05.2017 at about 12.00
p.m., when the 2nd respondent/defacto complainant i.e, the Sub-Inspector of
Police attached with 1st respondent Police Station, while on his regular patrol
checkup had found that 15 persons who belong to S.F.I. unlawfully assembled
without prior permission and stopped the vehicled by raising slogans in front of
the CBSE South Zone Office, Anna Nagar. The Sub-Inspector of Police had
directed them to disburse, they have not disbursed and thereby, the respondent
police had arrested them and registered the case in Crime No.861 of 2017 for
the offence under Sections 143 and 188 of IPC.
https://www.mhc.tn.gov.in/judis
Crl.O.P.No.9206 of 2022
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 batch of cases in Crl.O.P(MD)
No.7922 of 2019 dated 30.08.2019.
4. The learned Additional Public Prosecutor appearing for the
respondents would submit that the facts of the case are similar to the facts
covered under the Judgment referred above.
5. Heard the learned counsel and perused the materials available on
record.
6.In the Judgment reported in 2018 2 LW (Crl) 606 [Jeevanandham
and others Vs The Inspector of Police Velayuthampalayam Police Station,
Karur District] dated 20.09.2018, it has been held that the police has no right
https://www.mhc.tn.gov.in/judis
Crl.O.P.No.9206 of 2022
to file a case under Section 143 and 188 of IPC and to investigate the same
without getting proper permission from the concerned Jurisdictional
Magistrate. Here, there is no material to show that before registering the case,
permission of the concerned jurisdictional Magistrate has been obtained. In
such circumstances, the respondent has no right to register the case and to
investigate the matter.
7. In view of the above, this Court is of the opinion that no useful
purpose will be served by keeping the proceedings pending in respect of all the
other accused also.
8. Accordingly, the Criminal Original Petition stands allowed and the
proceedings in C.C.No.2330 of 2022, pending on file of the learned XIII
Metropolitan Magistrate Court, at Egmore, is hereby quashed. Consequently,
the connected miscellaneous petitions are closed.
25.04.2022
rgi
Index :Yes/No
Internet:Yes/No
https://www.mhc.tn.gov.in/judis
Crl.O.P.No.9206 of 2022
To
1. The Inspector of Police,
V-5, Thirumangalam Police Station,
Chennai – 101.
2. The Public Prosecutor,
High Court of Madras.
https://www.mhc.tn.gov.in/judis
Crl.O.P.No.9206 of 2022
A.D.JAGADISH CHANDIRA.J,
rgi
Crl.O.P.No.9206 of 2022
and Crl.M.P.Nos.5357 & 5360 of 2022
25.04.2022
https://www.mhc.tn.gov.in/judis
