Madras High Court
Anto vs The State Represented By on 29 March, 2022
Crl.O.P.(MD)No.2497 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 29.03.2022
CORAM
THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN
Crl.O.P(MD)No.2497 of 2022
&
Crl.M.P(MD)No.1859 of 2022
1. Anto
2. Joseph Selvakumar ... Petitioners/
Accused Nos.1 & 2
Vs.
1. The State represented by
The Inspector of Police,
Puliyampatti Police Station,
Thoothukudi District
(Crime No.111 of 2021) ... 1st Respondent/
Complainant
2. Karuppasamy ... 2nd Respondent/
Defacto Complainant
Prayer: Criminal Original Petition is filed under Section 482 Cr.P.C., to call for
the records pertaining to the FIR in Crime No. 111 of 2021, on the file of the
Inspector of Police, Puliyampatti Police Station, Thoothukudi District and
quash the same.
For Petitioners : Mr.A.Robinson
For Respondents : Mr.K.Sanjai Gandhi
Government Advocate (Criminal Side)
for R.1
Mr.A.Mohammed Hasim for R.2
https://www.mhc.tn.gov.in/judis
Crl.O.P.(MD)No.2497 of 2022
ORDER
This Criminal Original Petition has been filed to quash the FIR in Crime
No. 111 of 2021, on the file of the Inspector of Police, Puliyampatti Police
Station, Thoothukudi District.
2. The case of the prosecution is that the second respondent / defacto
complainant herein, namely, Karuppasamy had lodged a complaint before the
first respondent alleging that he is having some goats and rearing the same and
eking our his livelihood and it is further alleged that some dogs have bitten the
goats of the defacto complainant and assuming that those dogs belong to the
petitioners, on 19.12.2021 the defacto complainant / second respondent along
with one Shanmugavel Konar and Vel went to the nursing farm of the
petitioners, wherein, the petitioners are having 50 cows and 3 dogs and
questioned about the biting of his goats and at that time, the first petitioner
allegedly slapped the defacto complainant and also abused him in filthy
language stating that without verifying the facts, the defacto complainant is
making allegations and in such circumstances, on 22.12.2021 he gave the
present complaint and the same has been registered by the first respondent.
3. A perusal of the entire complaint reveals that there is absolutely no
material to attract the offence under Sections 294(b) and 506(i) I.P.C. as against
https://www.mhc.tn.gov.in/judis
Crl.O.P.(MD)No.2497 of 2022
the second petitioner. In this regard, it is relevant to extract the judgment of this
Court in Crl.O.P.(MD)No.11030 of 2014 (Abdul Agis Vs. State through the
Inspector of Police), which reads as follows:-
“7.It is seen from the statements recorded under Section
161(3) of Cr.P.C. of the second respondent/ defacto
complainant that it does not contain any obscene words, which
were uttered by the petitioner herein and the entire allegations
are very simple in nature. It is also seen from the statement of
one Uthami, that the petitioner threatened the defacto
complainant with dire consequences when he dashed the
defacto complainant. The entire allegations are trivial in
nature. Further, to attract the offence under Section 506(i) of
I.P.C., there was a threatening only by words. As pointed by
the learned counsel appearing for the petitioner, the threat
should be a real one and not just a mere word when the
petition uttering does not exactly mean what he says and also
when the person to whom threat is launched does not feel
threatened actually. Therefore, the offences under Sections
294(B) and 506(i) of I.P.C. are not made out as against the
petitioner herein and also the entire criminal proceedings is
clear an abuse of process of Court. Therefore, this Court is
inclined to quash the entire proceedings.”
4. Insofar as the second petitioner is concerned. The impugned FIR
cannot be sustained and accordingly, in respect of second petitioner alone, the
https://www.mhc.tn.gov.in/judis
Crl.O.P.(MD)No.2497 of 2022
FIR is quashed. The first respondent is directed to file the final report in respect
of the first petitioner alone within a period of 12 weeks from the date of receipt
of copy of this order. This Criminal Original Petition is partly allowed.
Consequently, connected miscellaneous petition is closed.
29.03.2022
Index : Yes / No
Internet : Yes/ No
mga
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 advocate/litigant
concerned.
To
1. The Inspector of Police,
Puliyampatti Police Station,
Thoothukudi District
2.The Additional Public Prosecutor,
Madurai Bench of Madras High Court,
Madurai.
https://www.mhc.tn.gov.in/judis
Crl.O.P.(MD)No.2497 of 2022
G.K.ILANTHIRAIYAN, J.
mga
Crl.O.P(MD)No.2497 of 2022
&
Crl.M.P(MD)No.1859 of 2022
29.03.2022
https://www.mhc.tn.gov.in/judis
