Madras High Court
Reka vs State Represented By on 7 March, 2023
Crl.O.P.No.23606 of 2019
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 07.03.2023
CORAM:
THE HON'BLE MR.JUSTICE SUNDER MOHAN
Crl.O.P.No.23606 of 2019 and
Crl.M.P.No.12443 of 2019
1.Reka
2.S.Saravanan
3.Mathiyazhagan
4.Sakthivel
5.Joseph Christian
6.Venkatachalam
7.Nagappan
8.Pandyaraj ... Petitioners
Vs.
1.State Represented by
The Sub Inspector of Police,
Nallur Police Station,
Namakkal District.
2. R.Nainar ... Respondents
PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C., to
call for the records and quash the proceedings in S.T.C. No.20 of 2019
pending on the file of Judicial Magistrate, Paramathi against the petitioners.
For Petitioners : Mr.L.Sharath Kumar
For Respondents : Mr.A.Damodaran,
Addl. Public Prosecutor for R1
No appearance for R2
1/6
https://www.mhc.tn.gov.in/judis
Crl.O.P.No.23606 of 2019
ORDER
The petitioners seek to quash the final report filed under Sections
143, 285 and 188 of IPC against them.
2. The allegations against the petitioners is that on 06.04.2016 at
about 8.25 p.m., near Kandhampalayam bus stop, they assembled and raised
slogans against the former Chief Minister, Mr. M. Karunanidhi and another
leader Mr.V. Gopalsamy and caused nuisance to the people. It is also alleged
that they have burnt the effigy of Mr.V. Gopalsamy. On reading of the charge
sheet, this Court finds that the respondent police have no jurisdiction to
investigate and file final report for the offence under Section 188 IPC.
Section 195(1)(a)(i) of Cr.P.C. reads as under:
“ Section 195(1) in The Code Of Criminal Procedure,
(1) No Court shall take cognizance-
(a) (i) of any offence punishable under sections 172 to 188
(both inclusive) of the Indian Penal Code (45 of 1860 ), or
(ii) of any abetment of, or attempt to commit, such offence,
or
(iii) of any criminal conspiracy to commit such offence,
except on the complaint in writing of the public servant
concerned or of some other public servant to whom he is
administratively subordinate;”
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Crl.O.P.No.23606 of 2019
This issue is covered by the judgment of of this Court in Jeevanandham and
another v. State, Karur District (2018 2 LW crl 606), wherein this Court
quashed the final report for the offence under Section 188 Cr.P.C. and the
other allied offences on the ground that the police have no jurisdiction to
register the FIR and file a final report, for the offence under Section 188 IPC.
3. As regards the other offence under Section 143, this Court
finds that mere assembly of persons to protest cannot be called an unlawful
assembly. The assembly of persons in this case, admittedly, was only to
express dissatisfaction with the government. There is nothing in the
impugned charge to suggest that the petitioners formed an unlawful assembly
and hence, Section 143 of IPC is also not made out. In fact, this is also
covered by the very same judgment in Jeevanandham case, wherein this
Court had quashed prosecution launched against similarly placed persons who
expressed dissatisfaction with the government.
4. As regards the offence under Section 285 of IPC, this Courts
finds that there is nothing in the impugned charge sheet to suggest that the
petitioners had acted negligently or rashly so as to endanger human life. One
https://www.mhc.tn.gov.in/judis
Crl.O.P.No.23606 of 2019
cannot infer that the petitioner acted rashly or negligently merely because they
had burnt an effigy. The essential ingredients of the offence under Section 285
IPC is not found in the charge sheet.
5. For the above reasons, the impugned proceedings in
S.T.C.No.20 of 2019 is quashed. Hence, this Criminal Original Petition is
allowed. Consequently, connected miscellaneous petition is closed.
07.03.2023
Index: Yes/No
Speaking / Non Speaking Order
kal
https://www.mhc.tn.gov.in/judis
Crl.O.P.No.23606 of 2019
To
1.The Judicial Magistrate, Paramathi
2.The Sub Inspector of Police,
Nallur Police Station,
Namakkal District.
3.The Public Prosecutor,
High Court, Madras.
https://www.mhc.tn.gov.in/judis
Crl.O.P.No.23606 of 2019
SUNDER MOHAN, J
kal
Crl.O.P.No.23606 of 2019 and
Crl.M.P.No.12443 of 2019
07.03.2023
https://www.mhc.tn.gov.in/judis
