Thellur Koteeswaran v. The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 11.12.2019

CORAM

THE HONOURABLE Mr.JUSTICE P.VELMURUGAN Crl.OP No.9405 of 2013 and MP.Nos.1 & 2 of 2013

1. Thellur Koteeswaran

2. Kanniyappan .. Petitioners - Vs - 1.The State Rep. by Inspector of Police, Arni Taluk Police Station, Arni-632 301.

Tiruvannamalai District.

2.L.Sugumar .. Respondents Criminal Original Petition filed under Section 482 Cr.P.C., to call for the records pertaining to the Charge Sheet in C.C.No.158 of 2011 pending on the file of the Judicial Magistrate, Arni, Tiruvannamalai District and quash the same.

For Petitioner : Mr.R.Amardeep For Respondents : Mr.R.Ravichandran Government Advocate (Crl. Side) for R1 ***

ORDER

This Criminal Original Petition has been filed to call for the records pertaining to the Charge Sheet in C.C.No.158 of 2011 pending on the file of the Judicial Magistrate, Arni, Tiruvannamalai District and quash the same.

2. Heard the learned counsel for the petitioner and the learned Government Advocate (Crl. Side) appearing for the first respondent.

3. Based on the complaint given by the second respondentVillage Administrative Officer, the first respondent registered a case against these petitioners and yet another. The first accused/A1 filed a petition before this Court in Crl.O.P.No.22235 of 2012 seeking to quash the complaint against him in C.C.No.158 of 2011. This Court quashed the complaint against the first accused/A1 on 04.10.2012. The very same allegations levelled against these petitioners.

4. According to the prosecution, the petitioners and https://hcservices.ecourts.gov.in/hcservices/

another accused were sitting on the road and observed hunger fast without any permission from the concerned authorties and causing hindrence to the public. Based on the complaint given by the Village Administrative Officer, the first respondent registered the case.

5. Considering the facts and circumstances of the case and the complaint against the first accused was already quashed by this Court, this Court is inclined to quash the complaint against these petitioners.

6. Accordingly, this Criminal Original Petition is allowed. The charge sheet in C.C.No.158 of 2011 pending on the file of the learned Judicial Magistrate, Arni, Tiruvannamalai District is quashed as against these petitioners. Consequently, connected miscellaneous petitions are also closed.

Sd/- Assistant Registrar(CS) //True Copy// Sub Assistant Registrar KMI To

1. The Judicial Magistrate, Arni, Tiruvannamalai District.

2. The Inspector of Police, Arni Taluk Police Station, Arni-632 301.

Tiruvannamalai District.

3. The Public Prosecutor, High Court, Chennnai-104.

+1cc to Mr.R.Amardeep , Advocate SR.No. 103241 Crl.OP No.9405 of 2013 A.SK(20/01/2020) https://hcservices.ecourts.gov.in/hcservices/