Madras High Court
Saravana Selvan vs State Rep.By on 8 September, 2022
Crl.O.P.Nos.10239 & 10241 of 2019
and Crl.M.P.Nos.5285 & 5286 of 2019
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 08.09.2022
CORAM :
THE HONOURABLE Dr. JUSTICE G.JAYACHANDRAN
Crl.O.P.Nos.10239 & 10241 of 2019
and
Crl.M.P.Nos.5285 & 5286 of 2019
Crl.O.P.No.10239/2019
1.Saravana Selvan
2.P.Raman
3.C.Pandiyarajan
4.S.Kamaraj
5.T.Sengodi .. Petitioners
Vs.
1.State Rep.by
The Inspector of Police,
Tiruvarur Taluk Police Station,
Tiruvarur District.
(Crime No.161 of 2019)
2.Vignesh ..Respondents
Crl.O.P.No.10241/2019
1.Saravana Selvan
2.C.Pandiyarajan
3.S.Kamaraj
4.T.Sengodi .. Petitioners
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https://www.mhc.tn.gov.in/judis
Crl.O.P.Nos.10239 & 10241 of 2019
and Crl.M.P.Nos.5285 & 5286 of 2019
Vs.
1.State Rep.by
The Inspector of Police,
Tiruvarur Taluk Police Station,
Tiruvarur District.
(Crime No.108 of 2019)
2.Dhamodharan ..Respondents
COMMON PRAYER : Criminal Original Petition have been filed under
section 482 of Criminal Procedure Code to call for the records with
respect of Crime Nos.161 & 108 of 2019 pending on the file of 1 st
respondent and quash the same.
For Petitioners(both Crl.OPs) : Mr.Nalliyappan R.
For R1(both Crl.OPs) : Mr.N.S.Suganthan
Govt. Advocate (Crl.Side)
For R2(both Crl.OPs) : No appearance
COMMON ORDER
These two Criminal Original Petitions are filed to quash the
criminal complaints registered in Crime Nos.108 and 161 of 2019.
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Crl.O.P.Nos.10239 & 10241 of 2019
and Crl.M.P.Nos.5285 & 5286 of 2019
2. Allegations against the petitioners in both the cases is
that during the election campaign, the petitioners assembled in excess of
permitted number of vehicles and went on procession causing disturbance
to the public.
3. The learned Government Advocate (Crl.Side) for the
State submitted that as far as Crime No.161 of 2019 is concerned, the
same is the subject matter of Crl.O.P.No.10239 of 2019, wherein, the
referred charge sheet has been filed and hence nothing survives in the said
petition.
4. Since the matter has already been closed, the
Crl.O.P.No.10239 of 2019 is dismissed as infructuous.
5. As far as Crime No.108 of 2019 is concerned, final
report filed and summons to the petitioners had been issued for their
appearance on 19.09.2022 in S.T.C.No.552 of 2019.
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Crl.O.P.Nos.10239 & 10241 of 2019
and Crl.M.P.Nos.5285 & 5286 of 2019
6. The learned counsel for the petitioners relied upon the
judgment rendered in B.John Pandian Vs. State, rep by the
Superintendent of Police, Ramanathapuram District reported in 2019
(1) MWN (Cr.) 451 contended that the complaint has not disclosed any
cognizable offence and even assuming that the allegations are proved, the
1st respondent cannot register the F.I.R., under Section 188 of I.P.C.
7. The allegations as found in the F.I.R., is that the
complainant Damodharan, who is the Head Constable, has reported to the
Station House Officer that on 23.03.2019, at about 11.00 a.m., while he
was on bandhobust duty, around 300 persons assembled near VRN petrol
bunk to proceed in a procession for campaign. It is contended that there
were excess of vehicles than permitted by the election officer, hence, the
procession caused hindrance to the public. Therefore, offences under
Sections 143, 188, 341, 286 and 171 of I.P.C., are made out.
8. This Court, on considering the fact and the submissions
made by the learned counsel for the petitioner, finds that the complaint is
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Crl.O.P.Nos.10239 & 10241 of 2019
and Crl.M.P.Nos.5285 & 5286 of 2019
vague and whether any disturbance caused to the traffic, and how has not
been spoken by any of the witnesses in their statement. The prosecution
has not filed any order duly promulgated by a public servant regarding the
restriction of movement during the election campaign
9. For the above said reasons, the Crl.O.P.No.10241 of
2019 to quash the Crime No.108 of 2019, which is now pending
culminating into S.T.C., is quashed.
10. Accordingly, the Crl.O.P.No.10241 of 2019 is allowed.
Consequently, the connected Criminal Miscellaneous Petitions are also
closed.
08.09.2022
Internet : Yes/No
Index: Yes/No
rpl
To
1.The Inspector of Police,
Tiruvarur Taluk Police Station,
Tiruvarur District.
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https://www.mhc.tn.gov.in/judis
Crl.O.P.Nos.10239 & 10241 of 2019
and Crl.M.P.Nos.5285 & 5286 of 2019
Dr.G.JAYACHANDRAN, J.
rpl
2.The Public Prosecutor,
High Court of Madras,Chennai-104.
Crl.O.P.Nos.10239 & 10241 of 2019
and
Crl.M.P.Nos.5285 & 5286 of 2019
08.09.2022
https://www.mhc.tn.gov.in/judis
