E. Liakath Ali v. State By Sub Divisional
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 15.07.2020
CORAM
THE HONOURABLE MR.JUSTICE M.NIRMAL KUMAR Crl.O.P.No.28254 of 2015 and Crl.M.P.Nos.1 & 2 of 2015 1.E.Liakath Ali 2.A.Hidayathulla 3.A.Basheer Ahamed 4.A.Jaffer Ali 5.A.Hahbeeb Rahman 6.A.Faizal Ahamed 7.Abdul Raheem 8.A.Ainudeen 9.Siddiq Basha 10.M.Mohamed Rabeek 11.I.Kaleel Rahman 12.I.Rabeek ... Petitioners Vs.
1.The Sub-Divisional Magistrate and Sub Collector, Perambalur Taluk, 2.The Inspector of Police, Mangalamedu Police Station, Mangalamedu, (Crime No.Not Known of 15) ... Respondents/Complianment PRAYER: Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure, to call for the entire records connected within Na.Ka.A3/3438/2015, dated 11.11.2015, on the file of the 1st respondent herein as well as the Crime No.Not Known of 2015 on the file of the 2nd respondent and quash the same.
For Petitioners:
No Appearance For Respondents:
Mr.C.Iyyappa Raj Additional Public Prosecutor *****
ORDER
This Criminal Original Petition has been filed to quash the proceedings in Na.Ka.A3/3438/2015, dated 11.11.2015, on the file of the 1st respondent.
2.No representation for the petitioners either in person or by their respective counsel.
3.The petitioners are B-party in the proceedings initiated by the 1st respondent in Na.Ka.A3/3438/2015, dated 11.11.2015.
The B-Party/petitioners belong to Muslim community and A-party belong to Hindu Community. There seems to be some defamatory article published in the local newspapers which caused hatred between two communities which leads to breach of peace and disturbance to public tranquillity. Therefore, the 2nd respondent through the 1st respondent, initiated proceedings under Section 107 Cr.P.C, against which the present petition.
4.The learned Additional Public Prosecutor appearing for the respondents submitted that the limitation period for the proceedings under Section 107 Cr.P.C., is one year, now the limitation period elapsed. He further submitted that there is no tension prevailing in the disputed area and normalcy prevailing and the necessity for continuation of the proceedings does not arise in the present situation. 5.It is seen that the limitation period for proceedings initiated under Section 107 Cr.P.C is one year and the same elapsed. Further, in the disputed area, normalcy has been returned and no breach of the peace or disturbance of public tranquility. Hence this Court finds that there is no necessity in quashing the proceedings in Na.Ka.A3/3438/2015, dated 11.11.2015.
6.Accordingly, this Criminal Original Petition is dismissed. Consequently, the connected miscellaneous petitions are closed.
Sd/- Assistant Registrar(CS-VIII) //True Copy// Sub Assistant Registrar vv2 To 1.The Sub-Divisional Magistrate and Sub Collector, Perambalur Taluk,
2.The Inspector of Police, Mangalamedu Police Station, Mangalamedu, 3.The Public Prosecutor, High Court, Madras.
Crl.O.P.No.28254 of 2015 PP(CO) CB(21/09/2020)