Jamesh @ Jamesh Francis v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:29.02.2024
CORAM:
THE HONOURABLE MR.JUSTICE M.DHANDAPANI Crl.O.P.(MD) No.7855 of 2022
1. Jamesh @ Jamesh Francis 2.Jenise @ Jenish Kumar 3.Suthakar 4.Esakkidurai @ Esakkimuthu 5.Mukesh 6.Kumar 7.Karthick @ Karthickraja 8.Suthakar 9.Magesh 10.Murugan 11.Mani 12.Selvakumar 13.Muppidathi 1/6
14.Murugesh 15.Sasikumar 16.Krishnamoorthi 17.Ganesan 18.Muthukani 19.Kumar 20.Ananth 21.Madasamy @ Periya Plashar 22.Murugammal 23.Manojkumar 24Esakkimuthu @ Manjakannan 25.Selvaraj @ Selvam ... Petitioner/Accused No.1 to 25 Vs.
1.The Inspector of Police, Alangualam Police Station, Alangulam, Tenkasi District.
(Crime No.634 of 2021).
...1st Respondent/Complainant
2. Selvaraj ...2nd Respondent/Defacto Complainant 2/6
Prayer: The Criminal Original Petition is filed under Section 482 of Cr.P.C., to call for the records in connection with Crime No.634 of 2021 on the file of the Inspector of Police, Alangulam Police Station, Alangulam, Tenkasi District and subsequently quash the same as against the petitioners.
For Petitioner : Mr.Palani Velayutham.S For R1 : Mr.B.Nambiselvan, Additional Public Prosecutor For R2 : No appearance
O R D E R
This Criminal Original Petition has been filed, seeking quashment of the FIR in Crime No.634 of 2021 on the file of the first responent Police as against the petitioners.
2. The facts in brief: The defacto complainant is working as a Teacher and he was nominated as Election Officer at Alangulam Panchayat Union. On 06.10.2021, he was in-charge of his duty in the Panchayat election. At end of the day, 250 unknown persons contrary to the election rules assembled at Naranapuram booth and prevented the 3/6
Election Officer from doing their election duty and abused the people, who are in the election booth using filthy language and they made obstacles in shifting the vote box from the election booth to some other place. They also threatened and intimidated the other people, who are in-charge of the election booth. Hence, the second respondent made a complaint before the first respondent, in pursuant to which, a case in Crime No.634 of 2021 has been registered against the petitioners, challenging the same, the present petition has been filed.
3. The learned counsel for the petitioner referred a judgment passed by this Court in respect of similar offences, in which, the complainant appeared before this Court and hence, this Court passed an order by quashing the First Information Report registered against the petitioner in that petition. But in the present case, the defacto complainant is not appeared before this Court.
4. The learned Additional Public Prosecutor would submit that if the defacto complainant is come forward not to proceed the case further, 4/6
the case will be referred as action dropped.
5. Recording the submissions made by the learned Additional Public Prosecutor, if the defacto complainant is come forward not to proceed the case further, the first respondent is directed to refer the case in Crime No.634 of 2021 as further action dropped, within a period of four weeks from the date of receipt of copy of this order.
6. With the above said direction, this Criminal Original Petition is disposed of.
29.02.2024 NCC:Yes/No Index:Yes/No Internet:Yes/No Indu 5/6
M.DHANDAPANI,J.
Indu To:
1.The Inspector of Police, Alangualam Police Station, Alangulam, Tenkasi District.
2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
Crl.O.P.(MD) No.7855 of 2022 29.02.2024 6/6