Madras High Court
Chandrasekar vs The State Represented By on 24 March, 2022
Crl.O.P.No.6573 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 24.03.2022
CORAM :
THE HONOURABLE MR. JUSTICE A.D.JAGADISH CHANDIRA
Crl.O.P.No.6573 of 2022
and Crl.M.P.Nos.3723 & 3724 of 2022
1. Chandrasekar
2. Prabakaran C
3. Pandi G
4. Vetriselvan T K
5. Gowtham T K
6. Sitrarasu
7. Punniyamoorthy D
8. Senthilnathan T K
9. Kumaresan D
10. Selvan K
11. Veeramani K
12. Prabakaran A
13. Rajeswari V
14. Devika K
15. Kalaiselvi ... Petitioners
Vs.
The State represented by,
The Inspector of Police,
Podhanur Police Station, Coimbatore City,
Coimbatore.
(Crime No.221 of 2019) ... Respondent
1/6
https://www.mhc.tn.gov.in/judis
Crl.O.P.No.6573 of 2022
PRAYER: This Criminal Original Petition is filed under Section 482 of
Criminal Procedure Code, pleased to call for the records relating to the
C.C.No.196 of 2020 on the file of VII Judicial Magistrate, Coimbatore and
quash the same.
For Petitioners : Mr.S.Kumaradevan
For Respondent : Mr.A.Gokulakrishnan
Additional Public Prosecutor
ORDER
The Criminal Original Petition has been filed to call for the records
relating to the C.C.No.196 of 2020 on the file of Judicial Magistrate No.VII,
Coimbatore and quash the same.
2. The case of the prosecution is that as per the complaint given by
one Mr.P.Maheswaran, Inspector of Police, Podhanur Police Station,
Coimbatore, on 03.03.2019 at 06.15 p.m., during the patrol at near
Sundharapuram, Pollachi Road, Sangam Street, the complainant had seen some
persons belonging to ''Dravidar Kazhagam'' assembled there without permission
and they have protested against a particular newspaper ''Dina Malar'' in respect
of some news items and they had burnt the papers. Based on suo-moto, the case
https://www.mhc.tn.gov.in/judis
Crl.O.P.No.6573 of 2022
in Crime No.221 of 2019 was registered by the respondent for the offences
under Sections 143, 341 and 285 of IPC. Thereafter, investigation has been
completed and the final report has been filed before the Judicial Magistrate
No.VII, Coimbatore and the case was taken up in C.C.No.196 of 2020.
3. Learned counsel appearing for the petitioners would submit that
the petitioners were assembled in democratic manner and they have raised their
voice against certain false news items. During the incident, no untoward
incidents or violence occured and 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. He would further
submit that the respondent cannot register a case as stated supra.
4. Per contra, the learned Additional Public Prosecutor would submit
that the petitioners had illegally gathered and raised slogans against a particular
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Crl.O.P.No.6573 of 2022
newspaper for carrying a news item against them. He would further submit that
when the respondent had asked them to disburse, they have disbursed from the
place. He would also submit that there was no violence or untoward incidents
occured and nobody was injured in the said incident.
5. Heard the learned counsel and perused the materials available on
record.
6. In 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) it has been
held that the police has no right 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.
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Crl.O.P.No.6573 of 2022
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.196 of 2020 on the file of the learned Judicial
Magistrate No.VII, Coimbatore in respect of all the accused is quashed.
Consequently, connected miscellaneous petitions are closed.
24.03.2022
Index :Yes/No
Internet:Yes/No
rgi/ham
To
1. The Inspector of Police,
Podhanur Police Station, Coimbatore City,
Coimbatore.
2. The Public Prosecutor,
High Court of Madras.
https://www.mhc.tn.gov.in/judis
Crl.O.P.No.6573 of 2022
A.D.JAGADISH CHANDIRA.,J
rgi/ham
Crl.O.P.No.6573 of 2022
and Crl.M.P.Nos.3723 & 3724 of 2022
24.03.2022
https://www.mhc.tn.gov.in/judis
