Raman v. Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 26.09.2023 CORAM :

THE HON'BLE MR.JUSTICE N.ANAND VENKATESH Raman .. Petitioner

Versus

1. The Inspector of Police, Ranipet Police Station, Vellore. (Crime No.185 of 2019)

2. Govindasamy .. Respondents Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for the records and quash the impugned final report in C.C.No.99 of 2021 pending on the file of the District Munsif-cumJudicial Magistrate Court at Ranipet. For Petitioner : Mr.R.Sankarasubbu For Respondents : Mr.A.Gopinath, Government Advocate (Crl. Side), for R1 1/5

ORDER

This petition has been filed seeking to quash the proceedings in C.C.No.99 of 2021 pending on the file of the District Munsif-cum-Judicial Magistrate Court, Ranipet.

2. The case of the prosecution is that on 17.03.2019 at about 17:15 hours, the accused persons had gathered in a busy road and had parked their vehicles and they started celebrating the birthday by cutting cake. Thereby, they caused hindrance to the general public and when they were questioned about the same, they also abused the second respondent and prevented the second respondent from doing his duty. Based on the complaint given by the second respondent, the F.I.R came to be registered by the first respondent in Crime No.185 of 2019 for offences under Sections 143, 341, 294(b) and 353 of I.P.C. On completion of investigation, the Final Report was filed before the Court below as against five accused persons and the petitioner has been arrayed as A2 in this case. 2/5

3. Heard Mr.R.Sankarasubbu, learned Counsel for the petitioner and Mr.A.Gopinath, learned Government Advocate (Crl. Side) for the first respondent.

4. Taking into consideration the facts and circumstances of the case and also the fact that the accused persons were all teenage boys and due to some over enthusiasm, they indulged in celebrating the birthday by causing disruption to the traffic. This Court is inclined to bring this case within the scope of Section 95 of I.P.C. Accordingly, the proceedings in C.C.No.99 of 2021 on the file of the District Munsif-cum-Judicial Magistrate Court, Ranipet is quashed in its entirety. This Criminal Original Petition stands allowed.

26.09.2023 Index : yes/no Speaking order/Non-speaking order : yes/no grs To

1. The District Munsif-cum-Judicial Magistrate Court, Ranipet.

2. The Inspector of Police, Ranipet Police Station, 3/5

Vellore.

3. The Public Prosecutor, High Court of Madras.

4/5

N.ANAND VENKATESH, J.

grs 26.09.2023 5/5