Mariya Soosai v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12.12.2017
CORAM:
THE HONOURABLE MR.JUSTICE S.S.SUNDAR CRL.OP.(MD).No.13455 of 2017 and CRL.M.P.(MD)No. 9062 and 10189 of 2017 1.Mariya Soosai 2.M.Regina Selvamary .. Petitioners/Accused Nos.1 & 2 Vs.
The State of Tamil Nadu rep. by Inspector of Police, Edamalaipattipudur Police Station, Trichy-12.
(Crime No.453 of 2017) ... Respondents Prayer: Criminal Original Petition is filed under Section 482 o Criminal Procedure Code, to call for the records pertaining to th proceedings in Crime No.453 of 2017, dated 13.07.2017 on the file o the respondent and to quash the same.
For Petitioners : Mr.T. Banumathy For respondent : Mr. K.S. Duraipandian Additional Public Prosecutor
ORDER
This Criminal Original petition is filed to call for the record pertaining to the proceedings in Crime No.453 of 2017 on the file o the respondent and to quash the same.
2. Heard the learned counsel appearing for the petitioners and th learned Additional Public Prosecutor appearing for the respondent.
3. It appears that the respondent has lodged a complaint and th same was registered in Crime No.453 of 2017 for the alleged offenc under Section 107 of Cr.P.C. The copy of the First Information Repor reveals that the respondent has not registered the complaint for an cognizable offence. The dispute between the two groups has bee
recorded in the First Information Report and the respondent ha recommended the case to the Executive Magistrate/Deputy Commissioner o Police, Trichy, for taking action under Section 107 of Cr.P.C. 4.The purpose and object behind registration of crime is stated t be to enable the Executive Magistrate to initiate action under Sectio 107 of Cr.P.C. Since the First Information Report does not disclose an cognizable offence under any of the provisions of I.P.C., or any othe statue, the First Information Report, as such is liable to be quashed It is not necessary for the respondent to register the Firs Information Report in the manner, as it was done by the respondent.
5. Section 107 of Cr.P.C., reads as follows:
(1) When an Executive Magistrate receives information that any person is likely to commit a breach of the peace or disturb the public tranquillity or to do any wrongful act that may probably occasion a breach of the peace or disturb the public tranquillity and is of opinion that there is sufficient ground for proceeding, he may in the manner hereinafter provided, require such person to show cause why he should not be ordered to execute a bond with or without sureties for keeping the peace for such period, not exceeding one year, as the Magistrate thinks fit.
(2) Proceeding under this section may be taken before any Executive Magistrate when either the place where the breach of the peace or disturbance is apprehended is within his local jurisdiction or there is within such jurisdiction a person who is likely to commit a breach of the peace or disturb the public tranquillity or to do any wrongful act as aforesaid beyond such jurisdiction.
6.Section 107 of Cr.P.C. empowers the Executive Magistrate t issue show cause notice as against any group or individual, to sho cause why he or they should not be ordered to execute a bond with o without sureties for keeping peace for a period not exceeding one year based on the information received by the police or other officials.
7.The learned counsel for the petitioners relied upon an order o this Court in Crl.O.P.No.7591 of 2017, in the case of Rajkumar vs Stat represented by Inspector of Police, wherein, a learned single Judge o this Court quashed the First Information Report, which was registere under Section 107 of Cr.P.C. It is stated in the order that wheneve the police receives information, it may necessitate action by a Executive Magistrate under Section 107 to 110 of Cr.P.C. and that th same shall be entered in a separate register and requisition for actio shall be made to the Executive Magistrate.
8.Having regard to the position that registration of Firs Information Report is not required for any action to be taken unde Section 107 of Cr.P.C., and that it is only the information that i required for taking action under Section 107 of Cr.P.C., by th Executive Magistrate, this Criminal Original Petition is allowed an the First Information Report in Crime No.453 of 2017 on the file of th respondent police is quashed. However, the respondent is at liberty t send his recommendation to the Executive Magistrate, so as to enabl him to proceed further in accordance with Sections 107 to 110 o Cr.P.C. Consequently, the connected miscellaneous petitions are closed. Sd/- Assistant Registrar (CS-III) /True Copy/ Sub Assistant Registrar To
1. The Inspector of Police, Edamalaipattipudur Police Station, Trichy-12.
2. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
+1cc to M/S.T.BANUMATHY, Advocate SR.No.92370. CRL.OP.(MD).No.13455 of 2017 an CRL.M.P.(MD)No. 9062 and 10189 of 201 12.12.201 trp SDS/SV:MMS/SAR 1/25.01.2018/3P/4C