T.R.Sahadevan v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Friday, the Eighth day of April Two Thousand Twenty Two PRESENT The Hon`ble Mr Justice A.D.JAGADISH CHANDIRA CRIMINAL ORIGINAL PETITION (MD) No.17277 of 2017 AND CRL.MP.(MD)NO.11331 of 2017 1.K.R.PERIYA KARUPPAN [PETITIONERS] 2.T.SARAVANAN 3.SOMASUNDARAM 4.SEZHIAN 5.SENGAIMARAN 6.MANIMUTHU 7.CHARLAS 8.N.M.CHAKLA 9.RAJKUMAR 10.SENTHILKUMAR @ NAGADI SENTHILKUMAR 11.PANDIAN @ POOKADAI PANDIAN 12.SIKKANDAR BADUSHA 13.KAVITHASAN 14.BASKARA PANDIAN 15.CHANDRAN 16.KALIMUTHU @ KAVIGNAR KALIMUTHU 17.VAITHIALINGAM 18.MOHAMED MEERA 19.MUNIANDI 20.MURUGESAN 21.GUNASEKARAN 22.CHOKKU @ LAKSHMANAN 23.RAVICHANDRAN VS 1.THE STATE REP.BY [RESPONDENT/COMPLAINANT] THE INSPECTOR OF POLICE, THIRUPPATHUR POLICE STATION, SIVAGANGAI DISTRICT.

2.SENTHILKUMAR [ RESPONDENT/DEFACTO COMPLAINANT ] Petitions praying that in the circumstances stated therein the High Court will be pleased to (i)Call for the records relating to the impugned proceedings PRC NO.32/2015 on the file of District Munsif-Cum-Judicial Magistrate, Thirupathur, in Crime No.397 of 2015 on the file of Inspector of police, Thiruppathur Police Station, Sivagangai District, quash the same CRL.OP.(MD)NO.17277/2017.

(ii)Stay all further proceedings in PRC NO.32/2015 on the file of District Munsif Cum Judicial Magistrate, Thirupathur, in Crime No.397/2015 on the file of Inspector of Police, Thiruppathur Police Station, Sivagangai District, pending disposal of the above quash petition CRL.OP.(MD)NO.17277/2017. ( CRL.MP.(MD)NO.11331/2017) Order : These petitions coming on for orders upon perusing the petitions and upon hearing the arguments of M/S.VEERA ASSOCIATES Advocate for the petitioner and of THE PUBLIC PROSECUTOR on behalf of the 1st Respondent the court made the following order:- The learned counsel for the petitioners would submit that the incident had happened on 24.10.2015 at the event of offering respect and homage to the Maruthu Brothers Memorial Day. The incident was not intentional and it had happened while the vehicle has crossed the crowd which was celebrating the Maruthu Brothers Memorial Day.

2. The learned counsel for the petitioners would further submit that absolutely no averments made as if the petitioners have either assaulted or used criminal force to deter public servant from discharge of his duty. He would further submit that the petitioners are also prepared to make out the loss sustained to the van.

3. The learned Additional Public Prosecutor for the first respondent would submit that the value of the wind-screen is Rs.2000/-. He would further submit that as per the averments, the second petitioner is stated to have caused the damage.

4. List the case on 20.04.2022. Meanwhile, the second petitioner is directed to deposit an amount of Rs.5000/- to the account of News and Public Information Department, Collectorate, Sivagangai District and produce the receipt before this Court by the next hearing date i.e., on 20.04.2022.

-sd/- 08/04/2022 This order, on being produced, be punctually observed and carried into execution by all concerned TRUE COPY Sub-Assistant Registrar (Statistics/C.S.) High Court, Madras - 600 104.

TO 1 THE DISTRICT MUNSIF CUM JUDICIAL MAGISTRATE, THIRUPATHUR.

2 THE CHIEF JUDICIAL MAGISTRATE SIVAGANGAI DISTRICT [FOR INFORMATION] 3 THE INSPECTOR OF POLICE THIRUPATHUR POLICE STATION, SIVAGANGAI DISTRICT.

4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

5 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

6 THE NEWS AND PUBLIC INFORMATION DEPARTMENT, COLLECTORATE, SIVAGANGAI DISTRICT.

+2 CC to M/S.S.ARIVAZHAGAN, Advocate on payment of necessary charges SR.NO.5418 CRL.OP(MD).17277/2017 AND CRL.MP.(MD).11331/2017 Date :08/04/2022 JPA 11/04/2022