Tippu Sulthan vs The Inspector Of Police
2022 Latest Caselaw 17109 Mad

                                                                          Crl.O.P.(MD) No.4414 of 2022


                            BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                  DATED: 01.11.2022

                                                      CORAM

                         THE HON'BLE MR.JUSTICE SATHI KUMAR SUKUMARA KURUP

                                          CRL.O.P (MD) No.4414 of 2022
                                                     and
                                          Crl.M.P(MD) No.3147 of 2022

                     Tippu sulthan                                               ...Petitioner

                                                      -vs-

                     1. The Inspector of Police
                        Tenkasi Police Station,
                        Tenkasi District

                     2. K.Adivel
                        S/o. Not known
                        The Inspector of Police
                        Tenkasi Police Station,
                        Tenkasi District                                       ..Respondents

                     PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C,
                     praying to call for the records pertaining to charge sheet in STC No.320 of
                     2020 in Crime No.634 of 2019 pending on the file of the learned Judicial
                     Magistrate, Tenkasi as illegal and quash the same.




                     1/5



https://www.mhc.tn.gov.in/judis
                                                                               Crl.O.P.(MD) No.4414 of 2022




                                        For Petitioner     : Mr. A.Syed Abdul Kather
                                        For R-1            : Mr.K.Sanjai Gandhi
                                                             Government Advocate(Crl.Side)


                                                            ORDER

This Criminal Original Petition has been filed to quash the charge

sheet in STC No.320 of 2020 in Crime No.634 of 2019 pending on the file

of the learned Judicial Magistrate, Tenkasi

2. It is the contention of the learned Counsel for the Petitioner that

the complainant is the Investigation Officer himself. Therefore the charge

sheet cannot be proceeded further. He would further submit that there is no

rough sketch prepared by the Investigating Officer and without rough

sketch how the place of occurrence can be appreciated by the Court during

trial. The learned Counsel for the Petitioner invited the attention of this

Court to the reported ruling of the Hon'ble Supreme Court in the case of

Mohanlal .Vs. The State of Punjab reported in (2018)7SCC 627.

https://www.mhc.tn.gov.in/judis Crl.O.P.(MD) No.4414 of 2022

3. The learned Government Advocate(Crl.Side) objected to the

submission of the learned Counsel for the Petitioner stating that on the date

of occurrence i.e., on15.11.2019 the Petitioner along with 217 people had

assembled in the public place threatening public peace, thereby affecting

the movement of people and vehicle on the ground of judgment of the

Hon'ble Supreme Court in Ayothiya temple case. Therefore the case has

been registered.

4. On perusal of the reported ruling and on perusal of copy of charge

sheet enclosed along with this petition, the objection of the learned

Government Advocate(Crl.Side) is rejected and the contention of the

learned Counsel for the Petitioner is found acceptable in the light of the

facts highlighted by the learned Counsel for the Petitioner. The

Complainant herein in the case and the Investigating Officer are one and

the same. The reported ruling of the Hon'ble Supreme Court in the case of

State of Haryana vs.Ch.Bhajan Lal (AIR) 1992 SC 604) furnished by the

learned Counsel for the Petitioner is sufficient to quash the charge sheet.

https://www.mhc.tn.gov.in/judis Crl.O.P.(MD) No.4414 of 2022

5. In the light of the above, this Criminal Original Petition is allowed

and the proceedings in STC No.320 of 2020 pending on the file of the

learned Judicial Magistrate, Tenkasi is here by quashed. Consequently

connected miscellaneous petition is closed.

01.11.2022

Internet:Yes./No Index:Yes/no aav

To

1. The Judicial Magistrate, Tenkasi

2. The Inspector of Police Tenkasi Police Station, Tenkasi District

3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

https://www.mhc.tn.gov.in/judis Crl.O.P.(MD) No.4414 of 2022

SATHI KUMAR SUKUMARA KURUP, J.

aav

CRL.O.P (MD) No.4414 of 2022

01.11.2022

https://www.mhc.tn.gov.in/judis