Madras High Court
Pandian vs Inspector Of Police on 7 March, 2022
Crl.O.P.No.4864 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 07.03.2022
CORAM :
THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA
Crl.O.P.No.4864 of 2022 and
Crl.M.P.Nos.2557 and 2559 of 2022
Pandian ...Petitioner
-Vs-
1. Inspector of Police
Killai Police Station,
Cuddalore District.
(Cr.No.13 of 2015)
2.Nagarajan
Sub Inspector of Police,
Killai Police station, Cuddalore District. ..Respondents
Prayer : Criminal Original Petition is filed under Section 482 of the
Criminal Procedure Code, praying to call for the records in STC.No.271 of
2020 on the file of the Judicial Magistrate-I, Chidambaram and quash the
same.
For Petitioner : Mr.P.Anbazhagan
For Respondents : Mr.A.Gokulakrishnan
Additional Public Prosecutor
1/5
https://www.mhc.tn.gov.in/judis
Crl.O.P.No.4864 of 2022
ORDER
This petition has been filed to call for the records in in STC.No.271 of
2020 on the file of the Judicial Magistrate-I, Chidambaram and quash the
same.
2. The case of the prosecution is that on 18.01.2015 at about 2.00am
when the respondent along with his men were on usual rounds, he had seen
the accused in an unlawful assembly and conducting cultural program
beyond the permitted time. When the respondents asked them to stop the
program and disperse, the petitioners have abused the officers and have
prevented the officers from discharging their official duty and continued to
conduct the program. Based on the complaint a case in Cr.No.13 of 2015
for offences under Section 143, 188 and 353 of IPC. After completion of
investigation final report was filed in STC.No.271 of 2020.
3. The learned counsel for the petitioner would submit that on reading
of the entire materials no case has been made out against the petitioner for
the above offences. The learned counsel would further submit that no
https://www.mhc.tn.gov.in/judis
Crl.O.P.No.4864 of 2022
untoward incident had happened and the case has been registered without
following the provisions of Cr.PC.
4. The learned Additional Public Prosecutor would submit that the
petitioner and others were conducting cultural programme beyond the
prescribed time and when the respondents had questioned them and
instructed them to stop the programme and disperse, the organisers, have
prevented the officials from discharging their function. However, he would
submit that there was no violence and any untoward incident had happened
and nobody was assaulted.
5.Heard both sides and perused the materials 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 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.
https://www.mhc.tn.gov.in/judis
Crl.O.P.No.4864 of 2022
Further, taking into consideration the entire materials, the ingredients of
offence under Section 353 IPC are also not made out against the accused.
7.In view of the above, this Court is of the opinion that further
proceedings against all the accused is an abuse of process of law and 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 S.T.C.No.271 of 2020 on the file of the Judicial Magistrate
No.I, Chidambaram is hereby quashed in respect of all the accused.
Consequently, connected miscellaneous petitions are closed.
07.03.2022
tsh
To
1.The Judicial Magistrate-I, Chidambaram.
2.The Inspector of Police
Killai Police Station,
Cuddalore District.
3.The Public Prosecutor,
High Court, Madras.
https://www.mhc.tn.gov.in/judis
Crl.O.P.No.4864 of 2022
A.D.JAGADISH CHANDIRA. J.,
tsh
Crl.O.P.No.4864 of 2022 and
Crl.M.P.Nos. 2557 and 2559 of 2022
07.03.2022
https://www.mhc.tn.gov.in/judis
