Raja Kumar v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 01.09.2025
CORAM
THE HONOURABLE MR.JUSTICE SUNDER MOHAN Crl.O.P.(MD).No.1429 of 2024 and Crl.M.P(MD) No.987 of 2024 Raja Kumar ... Petitioner/1st Accused Vs.
1.The Inspector of Police, Rajakkamangalam Police Station, Kanyakumari District.
Cr.No.10/2024.
...1st Respondent/Complainant 2.Sadasivam ...2nd Respondent/Defacto Complainant Prayer : Criminal Original Petition is filed under Section 482 of Cr.P.C., to call for the records relating to the impugned FIR registered in Crime No.10 of 2024, dated 08.01.2024 on the file of the first respondent and quash the same as against the petitioner.
For Petitioner : Mr.P.T.Ramesh Raja for Mr.K.Sathish Kumar For R1 : Mr.K.Sanjai Gandhi Government Advocate (Crl.Side) 1/6
ORDER
This Criminal Original Petition has been filed seeking to quash the First Information Report registered in Crime No.10 of 2024 against the petitioner, on the allegation that the petitioner along with a few others had obstructed traffic and created a law and order problem on 08.01.2024.
2. It is alleged that the villagers of Pillayarvilai Village, in violation of the order passed by this Court in W.P.(MD) No.122 of 2024, were proceeding in a procession along a public road. The petitioner and others are said to have prevented them from doing so, stating that it was in violation of the aforesaid order. Consequently, the residents of Pillayarvilai Village diverted the procession to another road. It is further alleged that, by such conduct, the petitioner and others created a law and order situation.
3. The learned counsel for the petitioner would submit that the petitioner had not created any law and order problem, which is confirmed by the communication of the Tahsildar addressed to the learned Additional Public Prosecutor of this Court, wherein it has been categorically stated that no law and order issues had arisen.
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4. He would further submit that, even as per the averments in the First Information Report in Crime No.10 of 2024, the petitioner had only informed the villagers of Pillayarvilai to act in accordance with the order passed by this Court in W.P.(MD) No.122 of 2024, and that the allegations, in any event, do not constitute the alleged offences.
5. Per contra, the learned Government Advocate (Crl. Side), appearing for the first respondent as well as the defacto complainant, would submit that the petitioner is guilty of the offences alleged in the FIR and, therefore, the same is not liable to be quashed. He would further contend that the petitioner has raised factual issues, which cannot be adjudicated at the stage of investigation, and would submit that the investigation is still in progress. Hence, he prayed for dismissal of the petition.
6. The allegation in the FIR, as stated above, is that the petitioner prevented the villagers of Pillayarvilai from celebrating the temple festival. It is seen that this Court, by order dated 05.01.2024 in W.P.(MD) No.122 of 2024, had already restrained the celebration of the temple festival by the villagers of one particular village. In the FIR itself, it is stated that the villagers of Pillayarvilai attempted to celebrate the temple festival in violation of the said 3/6
order. The communication of the Tahsildar, dated 11.01.2024, also confirms that no law and order problem had arisen on the said date. That apart, this Court finds that none of the allegations in the FIR attract the ingredients of the offences under Sections 143, 147, 341, 353 and 109 IPC.
7. The learned Government Advocate (Crl. Side) was unable to justify the registration of the FIR for the aforesaid offences. It is also brought to the notice of this Court that the dispute has since been amicably settled among the villagers.
8. In such circumstances, this Court is of the view that the entire FIR is liable to be quashed for the aforesaid reasons and accordingly quashed.
9. In the result, the Criminal Original Petition is allowed. The FIR in Crime No.10 of 2024 on the file of the first respondent Police is hereby quashed. Consequently, the connected Miscellaneous Petition is closed. 01.09.2025 NCC : Yes / No Index : Yes / No Internet : Yes/ No 4/6
Indu To 1.The Inspector of Police, Rajakkamangalam Police Station, Kanyakumari District.
2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
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SUNDER MOHAN, J.
Indu Crl.O.P(MD).No.1429 of 2024 01.09.2025 6/6