Madras High Court
Unknown vs 4/8 on 3 January, 2024
Author: N. Anand Venkatesh
Bench: N. Anand Venkatesh
Crl.O.P No.29273 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 03.01.2024
CORAM
THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH
Crl.O.P No.29273 of 2023
and
Crl.M.P.Nos.20276 & 20277 of 2023
1.Rampriya
W/o.Rajesh
2.Meena
W/o.Ramesh
3.Theranayagi
W/o.Raja
4.Seyamani
S/o.Pichaipillai
5.Malarkodi
W/o.Sayamani
6.Devendiran
S/o.Thangarasu
7.Bharvathi
W/o.Gurusamy
8.Elaiyaraja
S/o.Gengasalam
1/8
https://www.mhc.tn.gov.in/judis
Crl.O.P No.29273 of 2023
9.Manikandan
S/o.Samidurai
10.Chinraju
W/o.Ganesan
11.Manikandan
S/o.Seenivasan
12.Manimaran
S/o.Seenivasan
13.Anjalai
W/o.Seenivasan
14.Veembu
W/o.Annadurai
15.Senbagavalli
W/o.Sarangabani
16.Ambiga
W/o.Anbarasan
17.Venkadesan
S/o.Pichaipillai
18.Ezhilarasi
W/o.Chinraj
19.Janci
W/o.Thangadurai
20.Vetrikani
W/o.Arul
2/8
https://www.mhc.tn.gov.in/judis
Crl.O.P No.29273 of 2023
21.Arul
S/o.Kolanchi
22.Elavarasi
W/o.Shankar
23.Selvambal
W/o.Anbarasu
24.Saraswathi
W/o.Senji
25.Meena
W/o.Kolanchinathan
26.Ponni
W/o.Singaram
27.Poonkodi
W/o.Manikandan
28.Selvapathi
W/o.Rajendran
29.Andal
W/o.Rajendran
30.Nithya
W/o.Velladurai
31.Ezhilarasi
W/o.Ramesh
32.Ilakkiya
W/o.Ramalingam
3/8
https://www.mhc.tn.gov.in/judis
Crl.O.P No.29273 of 2023
33.Valarmathi
W/o.Muthukumaran
34.Rajakumary
W/o.Pannerselvam
35.Ramya
S/o.Ravi
36.Kuzhanthaivel
S/o.Thangam
37.Chithamparam
S/o.Thangam
38.Kamalaye
W/o.Chithamparam
39.Pownammal
W/o.Subramaniyan
40.Senguttuvan
S/o.Sekar
41.Sundhary
W/o.Sekar
42.Gandhi
W/o.Manikandan
43.Thillairaja
S/o.Renganathan ... Petitioners
vs.
4/8
https://www.mhc.tn.gov.in/judis
Crl.O.P No.29273 of 2023
1.State by
The Inspector of Police,
Sendurai Police Station,
Ariyalur District.
Crime No.2 of 2020
2.M.Subramaniyan
Sub-Inspector of Police,
Sendurai Police Station,
Ariyalur District. ... Respondents
PRAYER: Criminal Original Petition filed under Section 482 of the
Code of Criminal Procedure, to call for the records in STC No.17 of 2021
on the file of Judicial Magistrate Court, Sendurai, Ariyalur District and
quash the same.
For Petitioners : Mr.P.Pugalenthi
For Respondents : Mr.A.Damodaran
Additional Public Prosecutor [R1]
*****
ORDER
On consent from either side, the main Criminal Original Petition
itself is taken up for final hearing.
2. The petitioners have challenged the final report that was taken
cognizance by the Court below for offences u/s.143 and 341 IPC.
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3. The case of the prosecution is that on 02.01.2020 at about 22.30
hours, the result of the Panchayat Election was announced and it was not
accepted by one set of people and it resulted in obstruction of traffic and
inconvenience to the general public. Hence, the First Information Report
came to be registered on 03.01.2020 in Crime No.2 of 2020. The
investigation was completed on 19.01.2021 and the final report was taken
cognizance by the Court below on 21.01.2021.
4. The main ground that has been raised by learned counsel for
petitioners is that the offence u/s.143 IPC is punishable for a maximum
imprisonment of six months and the offence u/s.341 IPC is punishable for
a maximum imprisonment of one month. In view of the same, under
Section 468 Cr.P.C., the cognizance ought to have been taken within a
period of one year. However, the Court below has taken cognizance
beyond the period of one year on 21.01.2021. Therefore, it was contended
that the very cognizance that was taken by the Court below is illegal.
5. This Court finds strength in the submission made by learned
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counsel for petitioners. The Court below had taken cognizance beyond
the limitation period prescribed u/s.468 Cr.P.C. The Court below did not
exercise its jurisdiction u/s.473 Cr.P.C. and without doing the same, the
cognizance of the final report has been taken well beyond the period of
limitation. That apart, this Court also finds yet another illegality in the
cognizance taken by the Court below. The Court has taken rubber stamp
cognizance without any application of mind. This practice has been
deprecated by this Court repeatedly and useful reference can also be
made to the judgment of this Court in Shanmugam & others v. The
Inspector of Police, Ariyalur Police Station, Ariyalur & others [(2019) 2
LW (Crl.) 263].
6. In the considered view of this Court, there was some agitation
after declaration of the election results and no useful purpose will be
served in prosecuting a case of this nature at this length of time.
In the light of the above discussion, this Criminal Original Petition
is allowed and the proceedings in STC No.17 of 2021 on the file of
https://www.mhc.tn.gov.in/judis
N. ANAND VENKATESH., J
gm
Judicial Magistrate Court, Sendurai, Ariyalur District, is hereby quashed.
Consequently, connected miscellaneous petitions are closed.
03.01.2024
Index : Yes/No
Speaking Order/Non-Speaking Order
Neutral citation : Yes/No
gm
To
1.The Judicial Magistrate,
Sendurai, Ariyalur District.
2.The Inspector of Police,
Sendurai Police Station,
Ariyalur District.
3.The Public Prosecutor,
High Court of Madras,
Madras.
https://www.mhc.tn.gov.in/judis
