P.Arivalagan v. The Sub Inspector Of Police,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.02.2019

CORAM:

THE HONOURABLE MR.JUSTICE N.SESHASAYEE Crl.O.P.(MD)No.2319 of 2019 and Crl.M.P.(MD)Nos.1240 and 1241 of 2019 P.Arivalagan ... Petitioner Vs.

The State through, The Sub Inspector of Police, Sedapatty Police Station, Madurai District.

(Crime No.61 of 2016) ... Respondent PRAYER : Petition filed under Section 482 of Criminal Procedure Code, to call for the records relating to the impugned Charge Sheet in S.T.C.No.490 of 2016 on the file of the Learned District Munsif cum Judicial Magistrate, Peraiyur, Madurai District and quash the same in so far as the petitioner alone.

For Petitioner : Mr.A.Mithun Chakravarthi For Respondent : Mr.A.P.G.Ohm Chairma Prabhu Government Advocate (Crl.Side)

ORDER

The present petition is filed to quash the case in S.T.C.No.490 of 2016 on the file of the Learned District Munsif cum Judicial Magistrate, Peraiyur, Madurai District. 2.Heard the learned counsel for the petitioners and the learned Government Advocate (Crl.side) appearing for the first respondent.

3. Initially, the case was registered by the first respondent police on the allegation that the petitioners conducted Aadal Padal function without getting necessary permission.

4. The learned Government Advocate (Crl.Side) appearing for the first respondent would submit that the case has since been charge sheeted under Sections 188 and 143 IPC. 5.1 Any complaint under Section 188 I.P.C., cannot be taken cognizance and it is not cognizable offence.

5.2 This Court vide its judgment in Jeevanandham and Others Vs. State rep. By Inspector of Police, Velayuthampalayam Police Station, Karur District and another [2018-2-L.W.(Crl.)606] has already held that the court can take cognizance under Section 188 IPC only on the basis of a complaint preferred before the Magistrate https://hcservices.ecourts.gov.in/hcservices/

by the concerned public servant. This Court is in agreement with the reasoning of the said judgment.

6. In view of the same, the present petition is allowed and the case in S.T.C.No.490 of 2016 on the file of the Learned District Munsif cum Judicial Magistrate, Peraiyur, Madurai District is hereby quashed. Consequently, connected miscellaneous petitions are closed.

Sd/- Assistant Registrar (CO) // True Copy // Sub Assistant Registrar(CS) CM To 1.The District Munsif Cum Judicial Magistrate, Peraiyur, Madurai District.

2.The Sub Inspector of Police, Sedapatty Police Station, Madurai District.

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

1 CC to M/s.A.MITHUN CHAKARAVARTHI, Advocate ( SR-49702[F] dated 26/02/2019 ) Crl.O.P.(MD)No.2319 of 2019 and Crl.M.P.(MD)Nos.1240 and 1241 of 2019 25.02.2019 DS/ /SAR- (03.05.2019) 2P 5C https://hcservices.ecourts.gov.in/hcservices/