V.M.Karthikeyan v. Commissioner Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 01.03.2022

CORAM

THE HON'BLE MR.JUSTICE A.D.JAGADISH CHANDIRA Crl.O.P.No.4978 of 2022 1.V.M.Karthikeyan, S/o.Maruthachalam 2.Maruthachalam, S/o.Uchakonar 3.Tamilarasi Maruthachalam W/o.Maruthachalam 4.Uma Maheshwari W/o.Kanniayan 5.Parvathi W/o.Kannan

...Petitioners

Vs

1. The Commissioner of Police-Coimbatore, 62, Old Post Office Road, Near Railway Station, Opposite to Collector Office, Gopalapuram, Coimbatore, Tamil Nadu - 641 018.

2. The State Election Commission, 208/2, Jawaharlal Nehru Salai, (Opposite to Koyambedu Bus Terminus) Arumbakkam, Chennai - 600 106.

3. The State Represented by The Inspector of Police, Podhanur Police Station, Coimbatore.

...Respondents

PRAYER: This Criminal Original Petition filed under Section 482 Cr.P.C., to direct first and second respondents not to harass the petitioners in view of the above said circumstances. For Petitioners :

Mr.S.Prveennath For Respondents :

Mr.V.Meghanathan Government Advocate(criminal side)

ORDER

This Criminal Original Petition has been filed, to direct first and second respondents not to harass the petitioners in view of the above said circumstances.

2. The case of the petitioners is that the petitioners were elected as a Ward Councillors of Vellalore Town Panchayat and on 22.02.2022 after the results were declared, the petitioners had conducted the victory procession along with their party members. At that time, one Reni Nelson, who belongs to the ruling party had intervened in the procession and created ruckus. Thereafter, on the complaint given by the said Reni Nelson, the third respondent had registered a case in Crime No.121 of 2022 on 23.02.2022, against the party members and other winning candidates for the offences under Sections 147, 148, 294(b), 323, 324 & 506(ii) of IPC. The learned counsel for the petitioners submit that the petitioners are not named in the FIR and that only to prevent them from swearing-in on 02.03.2022, the respondents harassing the petitioners.

3. Mr.V.Meghanathan, learned Government Advocate (criminal side) would submit that on the complaint given by one Reni Nelson, a case has been registered in Crime No.121 of 2022 on 23.02.2022 against one Karunagaran and seven other named persons and others for the offences under Sections 147, 148, 294(b), 323, 324 & 506(ii) of IPC. He would further submit that the petitioners names does not find place in the FIR and the respondents are not harassing the petitioners.

4. Recording the same, this Criminal Original Petition stands disposed of.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar shk/arb To

1. The Commissioner of Police-Coimbatore, 62, Old Post Office Road, Near Railway Station, Opposite to Collector Office, Gopalapuram, Coimbatore, Tamil Nadu 641 018.

2. The State Election Commission, 208/2, Jawaharlal Nehru Salai, (Opposite to Koyambedu Bus Terminus) Arumbakkam, Chennai 600 106.

3. The Inspector of Police, Podhanur Police Station, Coimbatore.

4. The Public Prosecutor, High Court of Madras.

+1cc to Mr.I.S.Inbadurai, Advocate, S.R.No.13511 Crl.O.P.No.4978 of 2022 MT(CO) RN(23/03/2022)