Madras High Court
Ajmath Bakkir Mohideen vs The State Rep. By on 21 April, 2023
Crl.O.P.(MD)No.15983 of 2020
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 21.04.2023
CORAM:
THE HONOURABLE MRS.JUSTICE R.THARANI
Crl.O.P.(MD) No.15983 of 2020
and
Crl.M.P.(MD)No.7915 of 2020
Ajmath Bakkir Mohideen ... Petitioner/Accused No.1
Vs.
1.The State rep. by
The Inspector of Police,
Kayathar Police Station,
Thoothukudi District. ... 1st Respondent / Complainant
2.Radhakrishnan ... 2nd Respondent/Defacto complainant
PRAYER: Criminal Original Petition is filed under Section 482 of
Cr.P.C, to call for the entire records pertaining to the case in Crime No.
397 of 2016 pending on the file of the first respondent police and to
quash the same as against the petitioner.
For Petitioner : Mr.R.Anand
For Respondents : Mr.M.Sakthi Kumar
Government Advocate (Crl.Side) for R1
: No appearance for R2
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Crl.O.P.(MD)No.15983 of 2020
ORDER
This petition is filed to quash the F.I.R in Crime No.397 of
2016 pending on the file of the first respondent police.
2. The allegation against the petitioner is that the second
respondent while working as an Executive Officer at Kayathar
Panchayat, on 30.09.2016, was informed that eleven named persons and
75 unnamed persons, hailing from Wards Nos.7, 8 and 9 of Kayathar
village, came to the office and they picked up quarrel and prevented the
Judicial Assistant – Singaraj from doing his official duty and that at the
time of occurrence, the Assembly Election was scheduled and code of
conduct was inforce. A case in Crime No.397 of 2016 for the offences
under Sections 147, 188, 151, 353,171(C) and 506(i) of I.P.C was
registered against the petitioner and others.
3. On the side of the petitioner, it is stated that as per Section
195 of Cr.P.C., for an offence punishable under Section 188 of I.P.C, only
private complaint can be lodged and the F.I.R under Section 188 of I.P.C
is not maintainable.
https://www.mhc.tn.gov.in/judis
Crl.O.P.(MD)No.15983 of 2020
4. To substantiate this claim, a judgment of this Court
reported in 2018-2-LW(Crl.)-606 ( Jeevanantham and others V. State
rep. by the Inspector of Police, Velayathampalayam Police Station,
Karur District), is cited, on the side of the petitioner.
5. On the side of the petitioner, it is further stated that the
allegations are vague and no specific instances was mentioned, who
committed a particular act on the date of occurrence, was not stated in the
F.I.R. The second respondent was not in station on the date of alleged
occurrence and he has no locus standi to file the complaint and hence,
Section 353 of I.P.C is not made out. Since the second respondent was
not personally present, intimidation and apprehension on account of the
threat were not made out and Section 506(i) of I.P.C is not made out.
6. On the side of the prosecution, it is stated that already
investigation was over, charge sheet was ready on 29.10.2016 itself, that
is prior to the filing of this case. Section 188 of I.P.C was already deleted
and the charge sheet was filed under Sections 147, 151, 353,171(C) and
506(i) of I.P.C. Though charge sheet was already ready, due to the
pendency of the stay order, the case could not be taken on file by the
Judicial Magistrate No.II, Kovilpatti.
https://www.mhc.tn.gov.in/judis
Crl.O.P.(MD)No.15983 of 2020
7. Since the charge sheet was ready, even before the filing of
the quash petition and since Section 188 of I.P.C., was already deleted by
the respondent police, this Petition is dismissed as infructuous. Liberty
is given to the petitioner to contest the case. Consequently, connected
Miscellaneous Petition is closed.
NCC : Yes/No
Index : Yes/No 21.04.2023
Internet : Yes/No
Ls
To
1.The Inspector of Police,
Kayathar 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.15983 of 2020
https://www.mhc.tn.gov.in/judis
Crl.O.P.(MD)No.15983 of 2020
R.THARANI. J.
Ls
Crl.O.P.(MD)No.15983 of 2020
21.04.2023
https://www.mhc.tn.gov.in/judis
