T.Kathirean v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :03.04.2019

CORAM:

THE HONOURABLE MR. JUSTICE N.SESHASAYEE Crl.O.P.(MD).No.4900 of 2019 and Crl.M.P.(MD).No.3045 of 2019 1.T.Kathirean 2.G.G.Ayyavu Pandian @ Muneeswaran 3.V.Jeyaraj 4.S.Thirumalaiappan 5.V.Selvakumar 6.Palraj 7.S.Jhansi Rani 8.M.Rakkappan 9.C.Annakodi 10.V.Alagarsami 11.R.Rajesh 12.S.Santhanam 13.J.Prabakaran @ Prabakaramoorthi 14.N.Gopal 15.G.Sathish @ Sathishkumar 16.S.Umadevan @ Umapathi 17.Vairamani ... Petitioners / Accused Nos.1 to 8 & 10 to 18 Vs.

State represented by the Inspector of Police, Srivilliputhur Town Police Station, Srivilliputhur, Virudhunagar District.

... Respondent PRAYER: This Criminal Original Petition has been filed under Section 482 of Criminal Procedure Code, to call for the records pertaining to the charge sheet in S.T.C.No.134 of 2017, on the file of the learned Judicial Magistrate No.II, Srivilliputhur, Viruthunagar District and quash the same.

For Petitioners : Mr.R.Ragavendran For Respondent : Mr.A.P.G.Ohm Chairma Prabhu Government Advocate (Crl. side)

O R D E R

The present petition is filed to quash the case in S.T.C.No.134 of 2017, on the file of the learned Judicial Magistrate No.II, Srivilliputhur, Viruthunagar District. 2.Heard the learned counsel for the petitioners and the learned Government Advocate (Crl.side) appearing for the respondent.

3. Initially, the case was registered by the respondent police under Sections 143 and 188 IPC on the allegation that the petitioners and others conducted Fasting at Srivilliputhur-Sivakasi main road within 100 metres from the Court. After completion of https://hcservices.ecourts.gov.in/hcservices/

investigation, case was charge sheeted in S.T.C.No.134 of 2017, on the file of the learned Judicial Magistrate No.II, Srivilliputhur, Viruthunagar District.

4.1 Any complaint under Section 188 I.P.C., cannot be taken cognizance and it is not cognizable offence.

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

5. In view of the same, the present petition is allowed and the case in S.T.C.No.134 of 2017, on the file of the learned Judicial Magistrate No.II, Srivilliputhur, Viruthunagar District, is hereby quashed. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar (P AND A) // True Copy // Sub Assistant Registrar(CS) To, 1.The Inspector of Police, Srivilliputhur Town Police Station, Srivilliputhur, Virudhunagar District.

2.The Judicial Magistrate No.II, Srivilliputhur, Viruthunagar District.

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

+1cc to Mr.R.Ragavendran, Advocate, SR.No.58823 Crl.O.P.(MD).No.4900 of 2019 and Crl.M.P.(MD).No.3045 of 2019 CM KK/SAR/14.05.2019/ 2P- 5C https://hcservices.ecourts.gov.in/hcservices/