M.Ananthasayanam @ Ananthasayalu v. The State Of Tamilnadu Rep.By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 02.12.2024 Coram:
THE HONOURABLE MR. JUSTICE P.VELMURUGAN M.Ananthasayanam @ Ananthasayalu ... Petitioner Vs.
1. The State of Tamil Nadu Rep. by the Sub-Inspector of Police Mr.Chandramohan (Investigation Officer) D-5, Pallipattu Police Station (L & O) Nagari Pallipattu Road SurarajaBaattai - 631207
2. Vivek ... Respondents Prayer: Criminal Original Petition filed under Section 528 of B.N.S.S. praying to call for the records in C.C.No.34 of 2024 on the file of the District Munsif cum Judicial Magistrate, Pallipattu and quash the same against the petitioner herein .
For Petitioner : M/s.J.Jayavenkatraman For 1 st Respondent : Mr.S.Sugendran Additional Public Prosecutor 1/6
ORDER
This Criminal Original Petition has been filed by the petitioner to quash the case against the petitioner in C.C.No.34 of 2024 on the file of the District Munsif cum Judicial Magistrate, Pallipattu.
2. The learned counsel for the petitioner submitted that based on a false complaint given by the 2 nd respondent, the respondent police registered a case against the petitioner in Crime No.1040 of 2023 on 27.12.2023 for the offence under Sections 447, 294(b), 323, 506(1) read with Section 4 of Tamil Nadu Prohibition of Women Harassment Act as if, on 26.11.2023, the petitioner cut down the lemon plant growing opposite to the house of the 2 nd respondent/defacto complainant and when the same was questioned by the grandmother of the defacto complainant, the petitioner trespassed into her house, scolded her and pushed her and also intimidated her. After completion of investigation, the respondent police laid the charge sheet and the same has been taken on file in C.C.No.34 of 2024 on the file of the District Munsif cum 2/6
Judicial Magistrate, Pallipattu. The contention of the petitioner is that the occurrence is alleged to have taken place inside the house and therefore, there was no public view. Hence, Section 294(b) IPC would not attract. Since the alleged occurrence took place within the four walls of the house, the offence under the Women Harassment Act also would not attract. Therefore, it is a false case foisted against the petitioner and the same is liable to be quashed.
3. Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor appearing for the 1 st respondent and also perused the materials available on record.
4. Since no adverse order is being passed against the 2 nd respondent, notice to the 2 nd respondent is dispensed with.
5. Perused the FIR, Charge Sheet and the statements recorded from the witnesses under Section 161(3) Cr.P.C. It is seen that L.W.1 is defacto complainant, L.W.2 is the victim and L.W.3 is the neighbour and they have all spoken about the specific overt-act against the petitioner and the role played by 3/6
the petitioner.
6. Any filthy language is uttered in the presence of a third party, the same shall be treated as a public view. Even if it is a closed house and if any other person is present when the accused is uttering filthy language against the victim, then the offence under Section 294(b) IPC would attract and in the same way, the offence under the Woman Harassment would also attract.
7. In this case, there are prima facie allegations levelled against the petitioner in the statements of L.W.1 to L.W.3 and also in the charge sheet. Even though the occurrence has taken place within the house, L.W.3 who is the neighbour and third party and also eye witness has clearly spoken about the involvement of the petitioner. The defence taken by the petitioner are all matter for trial.
8. Since there are prima facie allegations available against the petitioner to proceed further, this Court is not inclined to quash the charge sheet against the petitioner.
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9. Accordingly, this Criminal Original Petition is dismissed.
10. The petitioner is at liberty to take all his defence during trial. 02.12.2024 Index : Yes / No Speaking Order : Yes / No ksa-2 To
1. Sub-Inspector of Police Mr.Chandramohan (Investigation Officer) D-5, Pallipattu Police Station (L & O) Nagari Pallipattu Road SurarajaBaattai - 631207
2. The Public Prosecutor High Court of Madras 5/6
P.VELMURUGAN. J.
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