Madras High CourtCRL OP(MD)/3887/2021dismissed

S.Jeyaraman v. The Inspector Of Police

2021-03-12Honourable Mrs Justice R. Hemalatha2 pages

Crl.OP.(MD)No.3887 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 12.03.2021 CORAM :

THE HONOURABLE MRS. JUSTICE R. HEMALATHA Crl.OP.(MD)No.3887 of 2021 & Crl.MP(MD)Nos.2164 and 2165 of 2021 S.Jeyaraman ... Petitioner/Sole accused vs.

1.The State Rep. by its, The Inspector of Police, Town North Police Station, Dindigul, (Crime No.175 of 2019) 2.A.Srinivasan ... Respondents/Complainant PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure to call for the records in C.C.No.165 of 2019 on the file of the Judicial Magistrate No.II, Dindigul and quash the same as illegal in so far as the petitioner is concerned. For Petitioner : Mr.B.Narayanram For R1 : Mr.A.Robinson Government Advocate (Criminal side)

ORDER

The main contention of Mr.B.Narayanram, learned counsel for the petitioner is that the petitioner is the State General Secretary of All India Forward Bloc Party and that without the knowledge of the present petitioner, one of the the party members in violation of the election code of conduct put a flag post in front of the Dindigul Bus stand, for which, the petitioner cannot be held responsible. 2.A perusal of the final report shows that as far as the petitioner is concerned, it is stated, that the petitioner committed an offence punishable under Section 4 of the Tamil Nadu Open Place Prevention of Disfigurement Act as he erected a flag post in front of the Bus stand, Dindigul.

3.In the facts and circumstances, I do not find any reason to quash the proceedings in C.C.No.165 of 2019, on the file of the learned Judicial Magistrate No.II, Dindigul. At the request of the counsel for the petitioner, while, the personal appearance of the petitioner is dispensed with, he is also directed to appear before the learned Judicial Magistrate No.II, Dindigul, whenever, the Magistrate requires his presence.

4.Accordingly, the present petition is dismissed.

Consequently, connected Miscellaneous Petitions in Crl.M.P.(MD) https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.OP.(MD)No.3887 of 2021 No.2164 of 2021 is closed and Crl.M.P.(MD)No.2165 of 2021 is ordered.

Sd/- Assistant Registrar (CO) // True Copy // / /2021 Sub Assistant Registrar(CS) 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.II, Dindigul.

2.The Chief Judicial Magistrate , Dindigul.

3.The Inspector of Police, Town North Police Station, Dindigul.

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

Crl.OP.(MD)No.3887 of 2021 & Crl.MP(MD)Nos.2164 and 2165 of 2021 12.03.2021 SSS(CO) KB(26.04.2021) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2