Madras High CourtCRL OP(MD)/1840/2019partly allowed

P.Paramsivan v. The Inspector Of Police

2019-02-22Honourable Mr Justice N. Seshasayee4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.02.2019

CORAM:

THE HONOURABLE MR.JUSTICE. N.SESHASAYEE Crl.O.P.(MD)No.1840 of 2019 and Crl.M.P.(MD)No.995 of 2019 1.P.Paramasivan 2.P.Jeyakumar 3.C.Kalaiarasan 4.J.Jeyakannan 5.M.MahendraPrabu 6.I.Velmani 7.Gurudoss 8.A.Mayakannan 9.Malathi 10.K.S.Gomathi 11.Jeyakodi 12.Saroja 13.Manonmani 14.G.Annamathi 15.Sangeetha 16.Tamilarasi 17.Grace 18.Shila 19.Suma 20.V.Leelavathi 21.D.Malliga 22.Kumutha 23.Tamilarasi 24.Lalitha 25.C.Kannan 26.M.Sanaimuthu 27.T.Nahendran 28.N.Krishnakumar 29.Kannan 30.R.G.Suresh 31.Maruthupandian 32.Selvaraj 33.Ramachandran 34.SenthilBoopathy 35.V.Ramamoorthy 36.A.Pandiarajan 37.Thangadurai 38.Shanmuganathan 39.K.Karuthiruman 40.A.Muthukumar 41.Senthilkumar 42.Jeganathan

43.Seenivasan 44.Jegatheesan 45.G.Ramadass 46.A.Rameshkumar 47.M.Thannasi 48.K.Antony 49.K.Murugesan 50.S.ArjunMuthukumaran 51.Antony 52.Murugaraj 53.Ramanathan 54.S.Saravanan 55.Sathaiyan 56.Sathaiyan 57.G.Backiaraj 58.S.Senthilkumar 59.Gugaprasath 60.V.Chinnasamy 61.Muthuraj 62.Thangaraj 63.Muniyandi 64.Sivakumar 65.G.Balasubramaniyan 66.Ramar 67.Rejesh 68.Arumugam 69.Maharajan 70.Alagarsamy 71.Selvaganesan 72.Vairamuthu 73.Karuppasamy 74.Ramachandran 75.Kavitha 76.Dhanalakshmi : Petitioners /Vs./ 1.State represented by The Inspector of Police, Soolakarai Police Station, Virudhunagar District.

(Crime No.357 of 2018) 2.Mr.Murugan, Special Sub Inspector of Police, Soolakarai Police Station, Virudhunagar District.

: Respondents PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C to call for the records pertaining to the impugned FIR in Crime No.357 of 2018 dated 26.11.2018 pending on the file of the respondent no.1 and quash the same as illegal.

For Petitioners : Mr.T.Lajapathi Roy For Respondents : Mr.A.P.G.Ohm Chairma Prabhu Government Advocate (Crl. Side)

ORDER

This criminal original petition is filed to quash the FIR in Crime No.357 of 2018 dated 26.11.2018 pending on the file of the respondent no.1.

2. Heard the learned counsel appearing for the petitioners and the learned Government Advocate (Crl. Side).

3. The petitioners are arrayed as accused no.1 to 76 for the offences under Sections 143, 341 and 285 IPC, based on the complaint preferred by the second respondent.

4. The case of the prosecution is that the petitioners staged the protest against the Government Orders. In the course of agitation, the Government orders namely G.O.Ms.No.234 and 303 are alleged to have been burned by the accused persons. Hence, the complaint has been filed by the second respondent.

5. The learned counsel appearing for the petitioners submitted that on the face of the FIR, no offence is made out and for the offence under Section 285 IPC, there must be fire to endanger human life. Mere burning of a paper even though Government Orders are not likely to endanger human life. There is no indication that the burning of a piece of paper endangers human life.

6. This Court finds merit in the submission of the learned counsel appearing for the petitioners. Hence, the impugned FIR is quashed as against the offences under Sections 143 and 285 IPC only and accordingly, this criminal original petition is partly allowed. Consequently, connected Miscellaneous Petition is closed. Sd/- Assistant Registrar (Writs) // True Copy // Sub Assistant Registrar(CS) sm To 1.The Inspector of Police, Soolakarai Police Station, Virudhunagar District.

2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+2CC TO MR.T.LAJAPATHI ROY, Advocate Sr. No. 49488 Crl.O.P.(MD)No.1840 of 2019 22.02.2019 TR (03.04.2019) 4P 5C