Madras High CourtCRL OP/17360/2019allowed

S.Ganesan v. State Rep. By

2019-07-03Honourable Mr Justice N. Anand Venkatesh2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.07.2019

CORAM

THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH Crl.OP Nos.17360 of 2019 and Crl.MP.No.8746 of 2019 1.S.Ganesan 2.N.Periyasamy 3.R.Ramesh .. Petitioners .Vs.

1.State rep.by The Inspector of Police, Salem Town Police Station, Salem City.

(Crime No.641 of 2018) 2.M.Raja Village Administration Officer, Town Village, Salem Town, Salem.

..Respondents PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for the records pertaining to the Impugned FIR in Cr.No.641 of 2018 pending investigation on the file of the respondent No.1 and quash the same.

For Petitioners : Mr.T.Lajapathy Roy For Respondents : Mr.M.Mohamed Riyaz, APP

ORDER

This Criminal Original Petition has been filed seeking to quash the FIR in Cr.No.641 of 2018 registered under Section 143 and 341 of IPC, against the petitioners.

2. The case of the prosecution is that the petitioners staged the protest against the Government Orders. In the course of agitation, the Government Order namely G.O.Ms.Nos. 234 and 303 were alleged to have been burnt by the accused persons. Hence, the complaint has been filed by the second respondent.

3. The learned counsel appearing for the petitioners submitted that on the face of the FIR, no offence is made out https://hcservices.ecourts.gov.in/hcservices/

under Section 143 and 341 of IPC. None of the ingredients under Section 143 is satisfied in this case and the allegations also do not make out a case for criminal trespass.

4. This Court is in agreement with the above submissions made by the learned counsel for the petitioners. Hence, the impugned FIR is quashed as against the offences under Sections 143 and 341 IPC.

In the result, the FIR in Cr.No.641 of 2018, is hereby quashed and accordingly this Criminal Original Petition is allowed. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar KP To 1.The Inspector of Police, Salem Town Police Station, Salem City.

2.The Public Prosecutor, High Court, Madras.

Crl.O.P.No.17360 of 2019 mp(co) nr 19/08/2019 https://hcservices.ecourts.gov.in/hcservices/