Raviraja v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13.10.2017
CORAM
THE HONOURABLE MR.JUSTICE S.S.SUNDAR Crl.O.P.(MD) No.13894 of 2017 and Crl.M.P.(MD)No.9331 and 9332 of 2017 1.Raviraja 2.Ambigapathi 3.Bhuvaneswaran 4.Nallusamy, S/o.Palaniappan 5.Sivakumar 6.M.C.Perumal 7.M.R.Nagarajan 8.Murugesan 9.Chandrasekaran 10.Kuppusamy 11.Ramesh 12.Lakshmanan 13.Ramesh 14.Saravanan 15.Murugesan 16.Ilayaraja 17.Lakshmanan 18.P.K.A.Karthik 19.Nallusamy, S/o.Doraisamy 20.Govindan 21.Kalairaja 22.Periasamy 23.Malayalan 24.Pandiyarajan 25.Stalin 26.G.Sivasakthi 27.Parthiban 28.Kanagaraj 29.Sundaresan 30.Paramasivam 31.Nandakumar 32.M.K.Samvel 33.M.Mani 34.Ilavarasan 35.V.Palanisamy 36.J.Muthamilselvan 37.M.Gunasekaran 38.P.Pandian 39.Thirumalai Natarajan 40.M.Subramani 41.Arumugam 42.Thangarasu
43.Manickam 44.R.Anbumani 45.Sivakumar 46.V.Vairamani 47.M.Dhanapathi 48.P.Shanmugasundaram 49.Arumugam 50.A.Maheswaran 51.Senthilkumar S/o.Pitchai 52.M.Senthilkumar, S/o.Manickam 53.L.Mariappan 54.Raja 55.Ravichandran 56.Mohammed Rafi 57.R.Rajasekaran 58.P.Raghupathi 59.M.N.Rajappan 60.Anbarasu
...Petitioners / A1 to A60
1.Rajeshwari 2.Muthulakshmi ... Petitioners / A1 and A2 (Women Accused) -Vs1. The State represented by The Inspector of Police, Mayanoor Police Station, (in Crime No.111/2016) ... 1st Respondent / Complainant
2. M.Karthikeyan ... 2nd Respondent / De-facto Complainant Prayer: Criminal Original petition filed under Section 482 of Code of Criminal Procedure, to call for the records pertaining to charge sheet in C.C.No.294 of 2017 on the file of the learned Judicial Magistrate No.2, Kulithalai, Karur District and quash the same.
For Petitioners :
Mr.M.Bindran For R1 :
Mr.K.S.Durai Pandian Additional Public Prosecutor ***
O R D E R
This Criminal Original Petition has been filed to quash the records pertaining to the charge sheet in C.C.No.294 of 2017 on the file of the learned Judicial Magistrate No.2, Kulithalai,
2.Heard the learned Counsel appearing for the petitioners and the learned Additional Public Prosecutor appearing for the first respondent.
3.The petitioners are the named accused in the charge sheet filed against them in C.C.No.294 of 2017 on the file of the learned Judicial Magistrate No.2, Kulithalai, Karur District, for the offences punishable under Sections 143, 188 and 285 IPC. 4.The learned Counsel for the petitioners pointed out that the complaint that was registered in Cr.No.111 of 2016 is on the basis of information that was given by the Village Administrative Officer, on 07.04.2016. On the complaint, it was only stated that the de-facto complainant has come to know about the protest organized by the first petitioner and others to set fire on the effigy of a political leader.
5.It is not the case of the de-facto complainant that the first petitioner and others have actually accomplished by setting fire on the effigy of the political dignitary on the date as it was proposed. The information that was furnished by the Village Administrative Officer alone is reflected in the First Information Report. Even in the charge sheet, it is stated that the petitioners and others made an attempt to set fire on the effigy. It appears that the petitioners were arrested immediately after the complaint that was lodged by the Village Administrative Officer. As per the charge sheet, the statement of the Village Administrative Officer is the only evidence collected by the respondent police and shows that the petitioners were prevented, when they tried to set ablaze the effigy of the political dignitary.
6.In such circumstances, no cognizable offence is made out from the complaint as well as from the charge sheet. Hence this Criminal Original Petition is allowed and the charge sheet in C.C.No.294 of 2017 on the file of the learned Judicial Magistrate No.2, Kulithalai, Karur District, as against the petitioners is quashed. Consequently, the connected miscellaneous petitions are closed.
Sd/- Assistant Registrar(writs) /True Copy/ Sub Assistant Registrar To
1. The Inspector of Police, Mayanoor Police Station,
2. The Judicial Magistrate No.2, Kulithalai,
3. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
CMR VB/SV/MMS/SAR3/01/11/2017/4P/4C Crl.O.P.(MD) No.13894 of 2017 13.10.2017