S.Dhoss @ Doss, v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.04.2019

CORAM:

THE HONOURABLE MR.JUSTICE N.SESHASAYEE Crl.O.P.[MD]No.6177 of 2019 and Crl.M.P.(MD)Nos.4031 and 4032 of 2019 1.S.Dhoss @ Doss 2.K.Veeraperumal 3.P.Madasamy Pandiyan 4.P.Tamilarasan 5.M.Maheshkumar 6.M.Manikandan 7.V.Karuppasamy 8.K.Velmurugan 9.V.Muthuraj 10.M.Sakthiganesan 11.B.Jegadeeswaran 12.K.Velumani @ Velmurugan 13.K.Subburaj 14.S.Marimuthu 15.P.Arumugam 16.K.Kaniamuthan 17.M.Maharajan 18.M.Kaliraj 19.V.Murugan 20.S.Beema Rav : Petitioners /Vs./ 1.State represented by Inspector of Police, Kovilpatti East Police Station, Thoothukudi District.

(Crime No.653 of 2017) 2.Abirama Sundari : Respondents PRAYER: Criminal Original Petition is filed under Section 482 of Cr.P.C., to call for the records pertaining to the charge sheet in S.T.C.No.1079 of 2019 on the file of the learned Judicial Magistrate No.1, Kovilpatti in Crime No.653 of 2017 dated 24.12.2017 on the file of the first respondent police for the alleged offence under Section 143, 147 and 285 IPC pending the disposal of the Criminal Original Petition.

For Petitioners : Mr.T.Thirumurugan For R1 : Mr.A.P.G.Ohm Chairma Prabhu Government Advocate (Crl.Side) https://hcservices.ecourts.gov.in/hcservices/

ORDER

This petition has been filed to quash the charge sheet in Crime No.653 of 2017 now pending in S.T.C.No.1079 of 2019 on the file of the learned Judicial Magistrate No.1, Kovilpatti.

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

3. The petitioners are alleged to have committed an offence under Section 285 IPC for burning Manusmirithi.

4. Mere burning of a book or paper is not meant as posing life threat to anybody or danger to any public. This Court is of the view that the respondent police has been over sensitive and appeared to have acted over enthusiastic. This Court finds adequate enough reason to quash the charge sheet. Accordingly, the charge sheet filed in Crime No.653 of 2017 now pending in STC No.1079 of 2019 before the learned Judicial Magistrate No.I, Kovilpatti is quashed and this Criminal Original Petition is allowed. Consequently, connected miscellaneous petitions are closed. Sd/- Assistant Registrar (CS-III) // True Copy // Sub Assistant Registrar(CS ) To 1.The Judicial Magistrate No.1, Kovilpatti.

2. The Chief Judicial Magistrate, Thoothukudi. 3.The Inspector of Police, Kovilpatti East Police Station, Thoothukudi District.

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

+1 CC to M/s.T.THIRUMURUGAN, Advocate SR-63558. Crl.O.P.[MD]No.6177 of 2019 27.04.2019 CS: (04/06/2019) 2P 6C https://hcservices.ecourts.gov.in/hcservices/