Madras High CourtCRL OP(MD)/6658/2017dismissed

Ramakrishnan, v. The Special Sub Inspector Of

2017-06-06Honourable Mr Justice P. N. Prakash2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 06.06.2017

CORAM

THE HON'BLE MR.JUSTICE P.N.PRAKASH Crl.O.P.(MD) No.6658 of 2017 and Crl.M.P.No.4344 of 2017 1.Ramakrishnan 2.Rengaiah 3.Selvaraj 4.Palaniyappan 5.Ponnuchami ... Petitioners -vsState represented by 1.The Special Sub Inspector of Police, Aravayal Police Station, Sivagangai District in Cr.No.50 of 2017 2.P.Usha Nanthini ... Respondents Prayer: Criminal Original Petition filed under Section 482 of Cr.P.C., praying to call for the records pertaining to FIR in Crime No.50 of 2017 on the file of 1st respondent police dated 29.04.2017 and quash the same.

For Petitioner : Mr.C.Jeyaprakash For Respondent-1 : Mr.K.Anbarasan Government Advocate (Crl. Side)

O R D E R

On the complaint lodged by Usha Nandhini, Tahsildar, the respondent police have registered a case in Crime No.50 of 2017 on 29.04.2017 under Sections 147, 294(b) and 332 IPC against Ramakrishnan and four others. Challenging which, the accused are before this Court.

2. Heard the learned counsel for the petitioners and the learned Government Advocate for the 1st respondent.

3. The learned counsel for the petitioners/accused submitted that there are no specific overt act alleged against the petitioners and therefore, the FIR deserves to be quashed. https://hcservices.ecourts.gov.in/hcservices/

4. Per contra, the learned Government Advocate (Crl. side) refuted the allegations.

5. A reading of the FIR shows that when the Tahsildar and other revenue officials went to the TASMAC shop, where there was a protest by public, the petitioners herein had formed into an unlawful assembly and had pelted stones on the Tahsildar and other revenue officials resulting in injuries to him. When once, an unlawful assembly is formed, any offence committed by a member of the unlawful assembly can be related to the other members of the assembly vicariously. Therefore, when there are prima facie materials in the FIR, the same cannot be quashed in the light of the law laid down by the Hon'ble Supreme Court in the State of Haryana and others v. Bhajan Lal and others reported in 1992 Supp

(1) SCC 335. Accordingly, this petition is dismissed. Consequently connected Miscellaneous Petition is closed.

Sd/- Assistant Registrar(CS-III) /True Copy/ Sub Assistant Registrar To:

1. The Special Sub Inspector of Police, Aravayal Police Station, Sivagangai District

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

Crl.O.P.(MD)No.6658 of 2017 and Crl.M.P.No.4344 of 2017 06.06.2017 SDS/KKR/SAR 4/15.06.2017/2P/3C https://hcservices.ecourts.gov.in/hcservices/