Mahalingam v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.11.2021

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and Crl M.P.(MD)No.1147 of 2021 1.Mahalingam 2.Karan 3.Karutha Muthaiya @ Muthiya 4.Periyasamy 5.Vasimalai 6.Annakodi 7.Samayan 8.Rajaguru 9.Murugan 10.Nagaraj 11.Selvaraja 12.Nagar 13.Samayan 14.Palsamy 15.Kanthan 16.Nagaraj 17.Karuppaiya 18.Arun @ Arunkumar 19.Samayan 20.Thangappandi 21.Chelladurai 22.Mani @ Sundara Thavamani 23.Thikneshwaran 24.Kani 25.Parathiraja 26.Ramesh 27.Sundaraj @ Sundaram 28.Samayan 29.Pirabhu 30.Alex 31.Samayan 32.Mahalingam 33.Chellappan 34.Thavasi 35.Kumar 36.Rajkumar 37.Veeramani 38.Sasi @ Thavasi 39.Muthuselvam 40.Veerapathiran 41.Palsamy 42.Boopathi 1/3

43.Pandi 44.Sathuragiri 45.Karuppaiya 46.Masanam 47.Raja 48.Sarath @ Sarathkumar 49.Karikalan All are residing at Sealnayakkanpatti, Elumalai, Peraiyur Taluk, Madurai District.

... Petitioners/Accused No.1 to 9, 11 to 35, 38 to 42, 44 to 46, 48 to 50 & 52 to 54 & 56.

Vs.

1.The Inspector of Police, Elumalai Police Station, Madurai.

(Crime No. 23 of 2020) ... Respondent/Complainant 2.J.Ramani, Village Administrative Officer, Sealnayackanpatti, Elumalai Circle, Madurai District.

...2nd Respondent/Defacto Complainant Prayer : Criminal Original Petition is filed under Section 482 Cr.P.C., to call for the records relating to Crime No. 23 of 2020 on the file of the Inspector of Police, Elumalai Police Station, Madurai District and quash the same.

For Petitioners : Mr.T.Palanisamy For Respondents : Mr.T.Senthil Kumar Additional Public Prosecutor for R1

ORDER

This Criminal Original Petition has been filed for quashing the impugned FIR in Crime No.23 of 2020 registered on the file of Elumalai Police Station for the offences under Sections 147, 188, 153(A) IPC and Section 4 of Prevention of Damage to Public Property Act, 1984.

2. The said case came to be registered following the attempt of the petitioners to put up an arch across a public street. I wanted to know if any permission had been obtained from the concerned authority for putting up the arch. The learned counsel for the 2/3

petitioner replied that no such permission has been obtained. The petitioners further filed an affidavit giving undertaking that they will not put up any arch across the public street in question. The said undertaking affidavit is taken on record. It is seen that no arch has been constructed as on date. The petitioners have only attempted to dig a foundation.

3. Since nothing has happened, the question of invoking the provisions of the Tamil Nadu Public Property (Prevention of Damage and Loss) Act, 1992 may not really arise. Since no adverse consequence has ensued, the impugned prosecution need not be continued. The impugned FIR is quashed. This Criminal Original Petition is allowed. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar (AD-II) // True Copy // / /2021 Sub Assistant Registrar(CS IV) mga/csm Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To 1.The Inspector of Police, Elumalai Police Station, Madurai District.

2.Village Administrative Officer, Sealnayackanpatti, Elumalai Circle, Madurai District.

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

+1CC TO MR.T.PALANISAMY,ADVOCATE SR NO: 35601 and Crl M.P.(MD)No.1147 of 2021 19.11.2021 PS(CO) GC/SKN(25.11.2021) 3P 5C 3/3