M.Prem @ Premkumar v. State Rep. By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 06.12.2019

CORAM:

THE HONOURABLE Mr.JUSTICE P.RAJAMANICKAM CRL.O.P.No.32540 of 2019 and CRL.M.P.No.17921 of 2019 M.Prem @ Premkumar ... Petitioner Vs.

1.State Rep by The Inspector of Police B-1, North Beach Police Station, Chennai.

2.Pannerselvam B-1, North Beach Police Station, Chennai.

...Respondent

PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, to call for the records relating to in CC.No.1757 of 2017 on the file of the VIIth Metropolitan Magistrate, George Town Court, Chennai.

For Petitioner : M/s.K.Bharathi For R1 : Mr.Mohammed Riyaz Additional Public Prosecutor

O R D E R

This petition has been filed seeking a direction, to call for the records relating to in CC.No.1757 of 2017 on the file of the VIIth Metropolitan Magistrate, George Town Court, Chennai.

2.The case of the prosecution is that on 23.01.2017 at about 11.00 a.m., at Varadharajar Street, Rajaji Salai, Chennai, the petitioner herein, and five other accused persons unlawfully assembled with deadly weapons and did road roko and raised slogans not to take action against the persons who are opposing the ban of Jallikattu and hence they are liable to be punished for the offences under Sections 147, 148 and 353 of IPC.

3.The learned counsel appearing for the petitioner has submitted that the petitioners have not committed any offence. He further submitted that even if the allegations made in the FIR and charge sheet are taken as true at the face value, the

petitioner cannot be convicted for the alleged offences under Sections 147, 148 and 353 of IPC.

4.Per Contra, the learned Additional Public Prosecutor has submitted that the FIR and other documents filed along with the final report would prima facie show that the petitioner and five others have committed the offences punishable under Sections 147, 148 and 353 of IPC and hence charge sheet cannot be quashed.

5.The FIR has been registered based on the complaint lodged by one Mr.Panneerselvam, Special Sub-Inspector of Police against one Balaji, Prem (petitioner herein), Raji and 40 others, but charge sheet has been filed against 6 persons only. Further, it is stated in the FIR that the aforesaid persons unlawfully assembled with deadly weapons like 'kattai', and stones and did road roko. It is also stated that inspite of the request made by the Special Sub-Inspector, the accused persons did not disperse and caused inconvenience to the public. But, in the charge sheet it is stated that the aforesaid persons were not arrested.

If really the petitioners were indulged in committing the aforesaid offences in the very presence of Special Sub-Inspector, he would have arrested them and weapons also would have been seized, but in this case accused were not arrested, weapons also not seized. 6.Further, independent witnesses also not examined. Under the said circumstances, this Court is of the view that the continuation of the proceedings against the petitioner would amount to abuse of process of the Court. Hence, this Court is inclined to allow this petition.

7.In the result, this petition is allowed. The proceedings in C.C.No.1757 of 2017 on the file of VII Metropolitan Magistrate, George Town Court, Chennai is quash against the petitioner herein alone. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar (J) //True Copy// Sub Assistant Registrar gbi To 1.The Inspector of Police B-1, North Beach Police Station, Chennai.

2.The VII-th Metropolitan Magistrate, George Town, Chennai.

3.The Public Prosecutor, High Court, Madras.

+1cc to Mr.K.Bharathi, Advocate, S.R.No. 102387 CRL.O.P.No.32540 of 2019 and CRL.M.P.No.17921 of 2019 GN(23/01/2020)