Kotteswaran v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated: 04.04.2025

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN and Crl.MP.Nos.10354, 10552, 11113 and 11245 of 2023 Crl.OP.No.16306 of 2023 Kotteswaran ... Petitioner Vs.

1. The State Represented by the Special Sub-Inspector of Police,

2. A.K.Murgan, S/o.Kannan No.1/105, Padavettamman Temple Street, New Agravaram Village, Mukundarayapuram Post, Walajah Taluk, Tamilnadu-632 405.

... Respondents 1/7

Crl.OP.No.16502 of 2023 Kotteswaran ... Petitioner Vs.

1. The State Represented by the Special Sub-Inspector of Police,

2. A.K.Bhasker, S/o.Kannan, 492/8, Rahul Gandhi Nagar, New Agravaram Village, Walajah Taluk, Ranipet-632 405.

... Respondents Crl.OP.No.17221 of 2023 Kotteswaran ... Petitioner Vs.

1. The State Represented by the Special Sub-Inspector of Police,

2. Suresh, S/o.Adhimoolam, Vice President, Mukundarayapuram Panchayt Union, Walajah Taluk, Ranipet District.

... Respondents 2/7

Crl.OP.No.17359 of 2023 Kotteswaran ... Petitioner Vs.

1. The State Represented by the Special Sub-Inspector of Police,

2. Kalyankumar Village Administrative Officer, 9, Lalapettai Village, Walajah Taluk, Vellore District, Tamilnadu-632 405.

... Respondents COMMON PRAYER: Criminal Original Petitions are filed under Section 482 of Cr.P.C, to call for the proceedings on the file of the first respondent in FIR.Nos.204, 124, 122 and 206 of 2023 dated 03.06.2023, 05.04.2023, 05.04.2023 and 03.06.2023 respectively and quash the same.

For Petitioner : Mrs.Sowjanya Shyam for Mrs.V.Srimathi For Respondents : Mr.R.VinothRaja Government Advocate (Crl.Side) for R1 : Mr.S.Salai Gavana Geethan for R2 3/7

COMMON O R D E R These petitions have been filed to quash the FIR registered in Cr.Nos.204, 124, 122 and 206 of 2023 on the file of the first respondent.

2. The Second respondent in Crl.OP.No.16306 of 2023 is the President of the Mukundharajapuram Village Panchayat, Wallaja and he belongs to the present ruling party. The disputes arose during the election of Village Panchayat President and for his serious influence, the present FIRs has been registered.

3. The allegations in Cr.No.204 of 2023 is that when the defacto complainant about to hoist his party's flag, there was a dispute between the accused and the second respondent.

4. The allegations in Cr.No.124 of 2023 is that the petitioner threatened the second respondent with dire consequence and also threatened to set fire on the lorry owned by the second respondent. 4/7

5. The allegations in Cr.No.122 of 2023 is that the accused trespassed into temple's kitchen by breaking open the lock and threatened the defacto complainant with dire consequence.

6. The allegations in Cr.No.206 of 2023 is that the petitioner threatened the second respondent with dire consequence and also prevented the Revenue Official and the Police Officer from doing their official duty and also criminally intimidated them.

7. Considering the facts and circumstances of the case and the submissions made by both counsel and on perusing the materials available on record, this Court is of the view that all the allegations are Civil in nature and the complaints in all the FIRs are nothing but clear abuse of process of law and the entire allegations cannot be sustained as against the petitioners and liable to be quashed.

8. Accordingly, all the FIRs registered in Cr.Nos. 204, 124, 122 and 206 of 2023 respectively on the file of the first respondent 5/7

are hereby quashed and these Criminal Original Petitions are allowed. Consequently, the connected miscellaneous petitions are closed.

04.042025 Vv To

1. The the Special Sub-Inspector of Police,

2. The Public Prosecutor, Madras High Court, Chennai.

6/7

G.K.ILANTHIRAIYAN, J.

Vv 04.04.2025 7/7