Madras High CourtCRL OP/24369/2012allowed

Arul Nathan v. The Inspectorof Police

2017-05-11Honourable Mr Justice M.V. Muralidaran3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 11.05.2017

CORAM

THE HONOURABLE MR.JUSTICE M.V.MURALIDARAN CRL.O.P.No.24369 of 2012 and M.P.No.1 of 2012 Arul Nathan .. Petitioner Vs.

The State represented by The Inspector of Police, Thirupapuliyur Police Station, Cuddalore District.

.. Respondent Prayer : Criminal Original Petition has been filed under Section 482 of Cr.P.C. to call for the records in P.R.C.No.15 of 2012 on the file of Judicial Magistrate No.III, Cuddalore and quash the same as illegal.

For the petitioner : Mr.A.Ramesh For the respondent : Mrs.Shabana Government Advocate (Criminal Side)

ORDER

This criminal original petition is preferred by the petitioner/accused A1 to call for the records in PRC.No.15 of 2012 on the file of Judicial No.III, Cuddalore charged under section 147,341, 294(b) 307 of IPC r/w 34 of IPC . 2.Brief case of the petitioner/accused A1 The case of the prosecution is that the defacto complainant namely Palanivel and the petitioner/accused A1 having disputes over the village panchayat election and one Arangi won the election defeating the petitioner/accused A1. This made enmity between both parties and 23.10.

2011 all the accused A1 to A3 came in a bolero car having registration number TY 01 BA 6743 owned by the 1st accused driven by the 2nd accused threatened the defacto complainant by abusing unparlimentary words and attempted to dash him in the car and caused damages to the motorcycle owned by the defacto complainant. The complaint was preferred by the defacto complainant against the petitioner/Accused A1 to A3 and the respondent police registered the FIR in Cr.No.731 of 2011 under section 147,341,294(b), 307 of IPC amended 341, 294(b), 427 and 307 r/w 34 of IPC .

3.The respondent police conducted investigation and filed the final report against A1 to A3 on 10.11.2011. 4.The learned Magistrate took cognizance of the offence in PRC.No.15 of 2012 and issued summons to the accused. Aggrieved over the same, the petitioner/accused A1 filed this quash petition to call for the records in PRC No.15 of 2012 and quash the same.

5.Heard the arguments on either side and perused the entire materials available on record.

6.The learned counsel for the petitioner/accused 1 submits that the petitioner is a practicing Advocate and he has not presented near the scene of occurrence. 7.The learned counsel for the petitioner/accused 1 submits that the entire case on the face of it is an accident and by no stretch of imagination to sue be construed as an offence under section 307 of IPC.

8.The learned counsel for the petitioner/accused 1 submits that there is nobody injured and damage to the tune of Rs.500/- to the vehicle and hence no offence is made out. 9.The learned counsel for the petitioner/accused 1 submits that there is no major damage to the vehicle due to dashing of car against the said vehicle.

10.The learned counsel for the petitioner/accused 1 submits that taking totality of the charges no offence under section 307 of IPC is made out. As the complainant was not at injured and imaginary complaint was given under section 307 of IPC and the same is abused the process of law. 11.The learned Government Advocate (Criminal Side) appearing for the respondent opposed the contentions of the petitioner/accused and sought for dismissal of the criminal original petition.

12.In the case on hand, admittedly nobody was injured and damage to the tune of Rs.500/- to the vehicle. Therefore no offence is made out.

13.In the result, this criminal original petition is allowed and the proceedings pending against the petitioner/accused in PRC.No.15 of 2012 on the file of Judicial No.III, Cuddalore is hereby quashed. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CS vi) //True Copy// Sub Assistant Registrar vs To The Judicial Magistrate No.III, Cuddalore.

2.thro The Chief Judicial Magistrate,Cuddalore 3.The Inspector of Police, Thirupapuliyur Police Station, Cuddalore District.

4. The Public Prosecutor, High Court ,Madras. CRL.O.P.No.24369 of 2012 and M.P.No.1 of 2012 A.SK(18/03/2019)