Madras High Court
Hari Mannan vs The Sub-Inspector Of Police on 30 August, 2023
1
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 30.08.2023
CORAM
THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH
Crl.O.P No.19396 of 2023
and Crl.MP No.13043 of 2023
1.Hari Mannan
2.Nagaraj
3.Arun Kumar
4.Gowtham
5.Manikandan
6.Pathamanaban
7.Ravi Kumar Petitioner
vs.
State by:
1.The Sub-Inspector of Police
Namely D. Baskaran
Mettupalayam Police Station
Mettupalayam, Coimbatore.
2. The Sub-Inspector of Police
Namely R.Ramasamy
Mettupalayam Police Station
Mettupalayam, Coimbatore. Respondent
PRAYER: Criminal Original Petition filed under Section 482 of the Code
of Criminal Procedure, to call for the records connected with the case in
STC. 801/2020 on the file of the Learned Judicial Magistrate
Mettupalayam and Quash the same.
For Petitioner : D.Shobana Rani
https://www.mhc.tn.gov.in/judis
2
For Respondent :Mr. A.Gopinath
Government Advocate
ORDER
This Criminal original petition has been filed to quash the
final report pending in STC. 801/2020 on the file of the Learned Judicial
Magistrate Mettupalayam.
2. Heard Mrs. D.Shobana Rani, learned counsel for the
petitioner and Mr. A.Gopinath, learned Government Advocateappearing
on behalf of respondents.
3. The case of the prosecution is that the accused persons had
kept the board without obtaining any permission at Mettupalayam to
Annur Road measuring about 3 x 2 feet criticizing the lethargic attitude of
the Government. An FIR came to be registered for offence under Section
4(1) of Tamil Nadu Open Places (Prevention of Disfigurement)Act, 1959.
This has resulted in filing of the final report and the same is pending
before the Court below.
https://www.mhc.tn.gov.in/judis
4. The offence under Section 4(1) of Tamil Nadu Open Places
(Prevention of Disfigurement)Act, is an non cognizable offence.
However, an FIR has been straight away registered without obtaining the
order under Section 156 of Cr.PC. In view of the same, the entire
proceedings are vitiated. The issue involved in this Case is squarely
covered by the earlier order passed by this Court in Crl OP No.20346 of
2019 dated 30.072019 and the relevant portions in the order are extracted
hereunder :-
5. The facts of the present case is squarely covered by the
judgment of the Hon'ble Supreme Court in Rajeev Chaudhary
v. State (N.C.T) of Delhi reported in 2001 (2) L.W Criminal
page 866, wherein the Honble Supreme Court has held that
in a case of this nature, the orders of Magistrate is
mandatory under Section 155 of Cr.P.C before the
investigation can take place. This judgment has been
followed by this Court in M/s.Sivaji Hi tech Foods Private
Limited, v. State, rep. by the Inspector of Police, IPR
Enforcement Cell& Unit II, V.P.C ? CID, Chennai II,
Egmore, Chennai 600 008 and another reported in 2019 (2)
https://www.mhc.tn.gov.in/judis
L.W Criminal, page 70.
6. In view of the above, the proceedings in S.T.C
No.1141 of 2017 on the file of the Judicial Magistrate Court,
Thiruchengode, is hereby quashed and this Criminal original
Petition is accordingly allowed.
5. In the light of the above discussion, the proceedings in STC.
801 of 2020 on the file of the Learned Judicial Magistrate Mettupalayam,
is hereby quashed. This Criminal original petition is accordingly allowed.
Consequently, the connected miscellaneous petition is closed.
30.08.2023
Index : Yes/No
Internet : Yes/No
Speaking Order/Non-Speaking Order
rka
https://www.mhc.tn.gov.in/judis
To
1.Learned Judicial Magistrate
Mettupalayam
2.The Sub-Inspector of Police
Namely D. Baskaran
Mettupalayam Police Station
Mettupalayam, Coimbatore.
3. The Sub-Inspector of Police
Namely R.Ramasamy
Mettupalayam Police Station
Mettupalayam, Coimbatore.
4. The Public prosecutor,
High Court, Madras
https://www.mhc.tn.gov.in/judis
N. ANAND VENKATESH, J.
rka
Crl.O.P No.19396 of 2023
and Crl.MP No.13043 of 2023
30.08.2023
https://www.mhc.tn.gov.in/judis
