Madras High Court
Kathiravan Alias Raja vs Inspector Of Police on 27 May, 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 27.05.2022
CORAM
THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY
Crl.O.P.No.12188 of 2022
and
Crl.M.P.Nos.6840 & 6841 of 2022
1.Kathiravan alias Raja
2.Tyson
3.P.Sugumar ... Petitioners
Vs.
1.Inspector of Police,
N3, Muthalaipet Police Station,
Chennai – 600 001.
2.G.Saravanan
Assistant Engineer,
18th Harbor Constituency,
Additional Flying Squad Team - III,
Central Parliament Constituency. ... Respondents
PRAYER: Criminal Original Petition filed under Section 482 of the Code
of Criminal Procedure, 1973 to call for the records and quash the C.C.No.
1199 of 2021 on the file of 16th Metropolitan Magistrate Court, George
Town.
For Petitioners : Mr.S.Santhosh
For Respondents : Mr.Leonard Arul Joseph Selvam
Government Advocate (Crl. Side)
For R1
ORDER
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This Criminal Original Petition is filed challenging the police report
filed in C.C.No.1199 of 2021, registered for the offences under Section 4A
(1a) read with 4B of the Tamil Nadu Open Places (Prevention of
Disfigurement) Act, 1959.
2. The allegation is that the defacto complainant was involved in
election duty in 18th Harbor Constituency, Additional Flying Squad
Team - III, Central Parliament Constituency. On 14.04.2019, at 9:00
hrs, the petitioners along with party members were alleged to have
distributed pamphlets near Francis Xavier Church situated in
Prakasam Salai. Based on defacto complainant's complaint, the
respondent police registered FIR on 14.04.2019 in Crime No.146 of 2019
on the file of N4, Muthalaipet Police Station for the commission of
alleged offences under Section 4A(1a) read with 4B of the Tamil Nadu
Open Places (Prevention of Disfigurement) Act, 1959. Thereafter, on
26.07.2021, after a delay of two years, the respondent police have filed
final report in C.C.No.1199 of 2021 before the learned 16th
Metropolitan Magistrate Court, George Town. This Court already has
laid down in the Judgment in “Pavayi Vs. The State represented by the Sub
https://www.mhc.tn.gov.in/judis
Inspector of Police, Thiruchengode Town Police Station and another”
(Crl.O.P.No.20346 of 2019 dated 30.07.2019) has held that in respect of
such cases, prior permission under Section 155 of Cr.P.C., from the learned
Magistrate is mandatory and proceedings to the contrary are liable to be
quashed. In the instant case also criminal proceedings is being continued
without obtaining any such prior permission. Mr.Leonard Arul Joseph
Selvam, Government Advocate (Crl. Side), is unable to give any valid
answer in respect of the said contention on behalf of the petitioners.
3. In that view of the matter, the continuation of criminal proceedings
in C.C.No.1199 of 2021 would amount to abuse of process of law.
Therefore, C.C.No.1199 of 2021, on the file of the learned 16th
Metropolitan Magistrate Court, George Town stands quashed.
Accordingly, this Criminal Original Petition is allowed. Consequently,
connected Criminal Miscellaneous Petitions are closed.
27.05.2022
Index : Yes/No
Speaking Order : Yes / No
ab/mkn
https://www.mhc.tn.gov.in/judis
To
1.The 16th Metropolitan Magistrate Court,
George Town.
2.The Inspector of Police,
N3, Muthalaipet Police Station,
Chennai – 600 001.
3.The Public Prosecutor,
Madras High Court.
https://www.mhc.tn.gov.in/judis
D.BHARATHA CHAKRAVARTHY. J.,
ab/mkn
Crl.O.P.No.12188 of 2022
27.05.2022
https://www.mhc.tn.gov.in/judis
