Madras High Court

Rajkumar vs The State on 23 September, 2022

                                                                                 CRL.O.P.No.23022 of 2022

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                  DATED: 23.09.2022

                                                         CORAM:

                             THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN

                                               CRL.O.P.No.23022 of 2022

                Rajkumar                                          ...        Petitioner

                                                           Vs

                The State,
                Represented by Inspector of Police,
                D-1, Ramanathapuram Police Station,
                Coimbatore District.
                Crime No.1015 of 2019.                 ...       Respondent
                PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C.
                praying to call for the records pertaining to the proceedings in STC No.4750 of
                2020 on the file of the Judicial Magistrate No.VI, Coimbatore and quash the
                charge sheet.

                                        For Petitioner     : Mr.S. Pooja Shree

                                        For Respondents : Mr.S.Santhosh
                                                          Government Advocate (Crl.side)

                                                         ORDER

This Criminal Original Petition has been filed to call for the

records pertaining to the proceedings in STC No.4750 of 2020 on the file of

the Judicial Magistrate No.VI, Coimbatore and quash the charge sheet.

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CRL.O.P.No.23022 of 2022

2. The case of the prosecution is that on 14.12.2019 at about

10.00 a.m. the petitioner along with other accused has unlawfully assembled

and conducted a protest seeking permission to take water on behalf of the

general public and thereby created disturbances to the traffic and general

public without obtaining permission from the authority concerned. Therefore,

an FIR has been lodged for the offence under Sections 143 and 341 of IPC as

against the petitioners.

3. The learned counsel appearing for the petitioner would submit

that the petitioner is an innocent person and he has not committed any offence

as alleged by the prosecution. Without any base, the respondent police

registered a case in crime No.4750 of 2020 for the offences under Sections

143 and 341 of IPC, as against the petitioner. Hence he prayed to quash the

same.

4. The learned Government Advocate (crl.side) would submit that

the investigation is almost completed and the respondent police have only to

file final report.

5. Heard M/s.S.Pooja Shree, learned counsel appearing for the

petitioner and Mr.S.Santhosh, learned Government Advocate (Crl. Side)

appearing for the respondent.

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CRL.O.P.No.23022 of 2022

6. It is to be noted that while exercising the power under Section

482, the Court should be slow, at the same time, if the Court finds that from the

entire materials collected by the prosecution taken as a whole, would not

constitute any offence, in such situation, directing the parties to undergo ordeal

of trial will be a futile exercise and it will infringe the right of the persons and

in this regard, the Apex Court in State of Haryana and others Vs. Bhajan Lal

and Others reported in 1992 Supp (1) Supreme Court Cases 335, has been

held as follows :

“........

(a) where the allegations made in the First Information Report or the complaint, even if they are taken at their face value and accepted in their entirety do not prima facie constitute any offence or make out a case against the accused;

(b) where the allegations in the First Information Report and other materials, if any, accompanying the F.I.R. do not disclose a cognizable offence, justifying an investigation by police officers under Section 156(1) of the Code except under an order of a Magistrate within the purview of Section 155(2) of the Code;

(c) where the uncontroverted allegations made in the FIR or -complaint and the evidence collected in support of the same do not disclose the commission of any offence and make out a case against the accused;

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CRL.O.P.No.23022 of 2022

(d) where the allegations in the FIR do not constitute a cognizable offence but constitute only a non~cognizable offence, no investigation is permitted by a police officer without an order of a Magistrate as contemplated under Section 155(2) of the Code;

(e) where the allegations made in the FIR or complaint are so absurd and inherently improbable on the basis of which no prudent person can ever reach a just conclusion that there is sufficient ground for proceeding against the accused;

(f) where there is an express legal bar engrafted in any of the provisions of the Code or the concerned Act (under which a criminal proceeding is instituted) to the institution and continuance of the proceedings and/or where there is a specific provision in the Code or the concerned Act, providing efficacious redress for the grievance of the aggrieved party;

(g) where a criminal proceeding is manifestly attended with mala fide and/or where the proceeding is maliciously instituted with an ulterior motive for wreaking vengeance on the accused and with a view to spite him due to private and personal grudge.”

7. It is also relevant to note the definition of Unlawful Assembly:

“Unlawful Assembly-

An assembly of five or more persons is designated an ? unlawful assembly?, if the common object of the persons composing that assembly is -

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CRL.O.P.No.23022 of 2022

(i) to overawe by criminal force, or show of criminal force, the Central or any State Government or Parliament or the Legislature of any State, or any public servant in the exercise of the lawful power of such public servant; or

(ii) to resist the execution of any law, or of any legal process; or

(iii) to commit any mischief or criminal trespass, or other offence; or

(iv) by means of criminal force, or show of criminal force, to any person to take or obtain possession of any property, or to deprive any person of the enjoyment of a right of way, or of the use of water or other incorporeal right of which he is in possession or enjoyment, or to enforce any right or supposed right; or

(v) by means of criminal force, or show of criminal force, to compel any person to do what he is not legally bound to do, or to omit to do what he is legally entitled to do.-

8. Only when the assembly fit into any of the above circumstances, it

could be construed as unlawful. The accused had not shown any criminal force

to commit any mischief, crime or any offence or by way of criminal force or

tried to take possession of the property or right to use of incorporeal right

which is in possession of enjoyment of others or rights. The above judgments

are squarely applicable to the present case and the present proceedings in STC

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CRL.O.P.No.23022 of 2022

No.4750 of 2022 on the file of the Judicial Magistrate No.VI, Coimbatore, is

liable to be quashed.

9. Accordingly, this Criminal Original Petition stands allowed and

the proceedings in STC No.4750 of 2022 on the file of the Judicial Magistrate