Madras High CourtCRL OP(MD)/5091/2020allowed

P.Paramasivan v. The Inspector Of Police

2020-03-23Honourable Mr Justice G.R.Swaminathan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.03.2020

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P(MD)No.5091 of 2020 and Crl.M.P.(MD)No.2934 of 2020 1.P.Paramasivan 2.B.C.Jeyakumar 3.C.Kalaiarasan 4.J.Jeyakannan 5.M.Mahendraprabhu 6.I.Velmani 7.Gurudhas 8.A.Mayakannan 9.M.Malathi 10.K.S.Gomathi 11.Jeyakodi 12.Saroja 13.Manonmani 14.G.Annamathi 15.Sangeetha 16.Thamilarasi 17.Grace 18.Shyla 19.Suma 20.V.Leelavathi 21.D.Malliga 22.Kumutha 23.Tamilarasi 24.Lalitha 25.C.Kannan 26.M.Sonaimuthu 27.T.Nagendran 28.N.Krishnakumar 29.Kannan 30.G.Suresh 31.Maruthupandian 32.Selvaraj 33.Ramachandran 34.Senthilboopathy 35.V.Ramamoorthy 36.A.Pandiarajan 37.Thangadurai

38.Shunmuganathan 39.G.Karuthiruman 40.A.Muthukumar 41.M.Senthikumar 42.K.Jaganathan 43.S.Seenivasan 44.Jegatheesan 45.G.Ramadass 46.A.Rameshkumar 47.M.Thannasi 48.K.Antony 49.K.Murugan 50.S.Arujunamuthukumaran 51.Antony 52.Murugaraj 53.Ramanathan 54.S.Saravanan 55.Sathaiyan 56.K.Muthuraj 57.G.Packiaraj 58.S.Senthilkumar 59.M.Guruprasath 60.V.Chinnachamy 61.V.Muthuraj 62.Thangaraj 63.M.Muniyandi 64.S.Sivakumar 65.G.Balasubramanian 66.P.Ramar 67.S.D.Rajesh 68.Arumugam 69.Maharajan 70.Alagarsamy 71.Selvaganesan 72.Vairamuthu 73.Karuppasamy 74.Ramachandran 75.Kavitha 76.Dhanalakshmi ..Petitioners/Accused 1 to 76 Vs.

1.State represented by Inspector of Police, Soolakarai Police Station, Virudhunagar District.

(Crime No.357 of 2018) ..1st Respondent/Complainant 2.Murugan ..2nd Respondent/Defacto Complainant

PRAYER: Petition filed under Section 482 Code of Criminal Procedure, to call for the records pertaining to the impugned FIR in Crime No.357 of 2018, dated 26.11.2018 pending on the file of the respondent No.1 and quash the same as illegal.

For Petitioners : Mr.T.Lajapathi Roy For R1 : Mr.A.Robinson Government Advocate (Crl.side)

ORDER

Heard the learned counsel appearing for the petitioners and the learned Government Advocate (Crl.side). 2.The petitioners are working as primary school teachers. They had assembled on 26.11.2018 to protest against the issuance of certain Government Orders affecting their service conditions. In this regard, Crime No.357 of 2018 was registered on the file of the Soolakarai Police Station for the offences under Sections 143, 341 and 285 of IPC. The petitioners had earlier filed Crl.O.P.(MD)No.1840 of 2019. The same was allowed on 22.02.2019. The impugned FIR was quashed as regards the offences under Sections 143 and 285 of IPC. Section 341 of IPC was left intact. Therefore, this second petition has been filed for quashing the very same FIR.

3.The learned Government Advocate (Crl.side) opposed the prayer made in this petition by pointing out that one more petition cannot be filed on the same cause of action. 4.I carefully considered the rival contentions. 5.As rightly pointed out by the learned counsel appearing for the petitioner, the second quash petition is very much maintainable. The Hon'ble Supreme Court, in the decision reported in AIR 1975 SC 1002 (Superintendent and Remembrance of legal affairs, West bengal Vs. Mohan Singh and others), has held that the second petition for quashing is very much maintainable. Therefore, the maintainability of this petition cannot be in dispute.

6.The petitioner's counsel pointed out that the offence under Section 341 of IPC is punishable with simple imprisonment for a term which may extend to one month. The case was registered way back in 2018. Therefore, the final report should have been filed and cognizance taken within a period of one year from the date of cause of action.

7.Therefore, applying the statutory mandate set out in Section 468 of Cr.P.C., the impugned FIR stands quashed. This criminal original petition is allowed. Consequently, connected miscellaneous petition is also closed. Sd/- Assistant Registrar (AS) //True Copy // / /2020 Sub Assistant Registrar(CS) To 1.The Inspector of Police, Soolakarai Police Station, Virudhunagar District.

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

AKM/22.05.2020 /4P-3C/ Crl.O.P(MD)No.5091 of 2020 23.03.2020