Sankarapandian v. The Inspector Of Police
Crl.O.P.(MD)No.2302 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 03.02.2022
CORAM
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P.(MD)No.2302 of 2022 and Crl.M.P.(MD).Nos.1685 and 1686 of 2022 1.Sankarapanidan 2.Kaveri 3.Rajesh Murugan @ Rajesh 4.Chokkalingakumar 5.Udayakumar 6.Balaji 7.Sheik Bakkir Mydeen 8.Dhanasingh Pandian 9.Mani 10.Ayyappan 11.Mayilrayan
...Petitioners/ Accused No.1 to 11
Vs.
The State represented by The Inspector of Police, Tirunelveli Junction Police Station, Tirunelveli District.
(Crime No.288 of 2018)
...Respondent/ Defacto Complainant
Prayer: Criminal Original Petition is filed under Section 482 Cr.P.C., to call for the records in C.C.No.564 of 2019, on the file of Learned Judicial Magistrate NO.IV, Tirunelveli and quash the same.
For Petitioners : Mr.G.Thalaimutharasu For Respondent : Mr.B.Thanga Aravindh Government Advocate(Crl.Side)
ORDER
Heard the learned counsel for the petitioners and the learned Government Advocate for the respondents.
2. The petitioners are facing trial in C.C.No.564 of 2019 on the file of Learned Judicial Magistrate No.IV, Tirunelveli. The case of the prosecution is that 30.10.2018 at 11.30 a.m., the accused had assembled in public without getting prior permission. According to the police, the petitioners engaged a band troupe. When the police https://hcservices.ecourts.gov.in/hcservices/ 1/2
Crl.O.P.(MD)No.2302 of 2022 objected, the petitioners are said to be abused the police and also prevented them from discharging their duties.
3. It is seen that the occasion was Thevar Jeyanthi. The petitioners are members of a political party. Therefore, garlanding the statue of Pasumpon Muthuramalinga Thevar on the said date is an usual event. There is also nothing objectionable about organizing a band troupe. It is, after all, a celebratory occasion. In any event, the accused did not indulge in any act of violence. No adverse consequence ensued. Some minor friction between the accused and the police has culminated into the impugned proceedings. It deserves to be quashed. The proceedings are quashed. The Criminal Original Petition is allowed. Consequenlty, the connectd Miscellaneous Petiitons are closed.The benefit of the order will enure in favour of the non-petitioning accused also.
Sd/- Assistant Registrar (AD-II) // True Copy // / /2022 Sub Assistant Registrar 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 Judicial Magistrate No.IV, Tirunelveli. 2.The Inspector of Police, Tirunelveli Junction Police Station, Tirunelveli District.
3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
+1 CC to M/s.G.THALAIMUTHARASU, Advocate (SR-4296[F] dated 04/02/2022) Crl.O.P.(MD)No.2302 of 2022 03.02.2022 SN MS/15.02.2022/2P.5C https://hcservices.ecourts.gov.in/hcservices/ 2/2