L.Chinnasamy v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated: 12.07.2019 Coram THE HON'BLE MR.JUSTICE V.BHARATHIDASAN Crl.O.P.(MD).No.9454 of 2019 and Crl.M.P.(MD).No.6023 of 2019 1.L.Chinnasamy 2.P.Rajasekar (Wrongly mentioned in the FIR as R.Rajasekar) 3.M.Chandrasekaran 4.S.Samynathan 5.M.Sakthivel 6.S.Jeyakumar 7.S.Jeevanantham 8.M.Kannan 9.C.Saravanan 10.N.S.K.Parani Babu (Wrongly mentioned in the FIR as M.Parani Babu) 11.P.Ramachandran 12.R.Sivakkumar 13.V.Seenivasan (Wrongly mentioned in the FIR as A.Seenivasan) 14.C.Jeyarai (Wrongly mentioned in the FIR as U.Jeyarai) 15.S.Vinoth Kumar 16.M.Natarajan 17.S.Ramaguru 18.P.Seenivasakan (Wrongly mentioned in the FIR as P.Seenivasan) 19.M.Ravichandran 20.P.Murugesan 21.P.Mayil Vaganan 22.V.Ayyappan 23.D.V.Jaisan Dfanny Mosses 24.A.Victor Sharma 25.V.Kumar 26.M.Ramesh 27.A.Saravanan 28.H.
Gunasekaran 29.T.Thiruvengadesan 30.M.Suthanthirapandiyan 31.V.Vairapandi (Wrongly mentioned in the FIR as A.Vairapandi) 32.S.Pandiyan 33.R.Murugesan 34.S.Balamurugan 35.M.Athimurugan 36.P.Muthusamy 37.C.Periyakaruppan 38.K.Ochukkalai (Wrongly mentioned in the FIR as M.Ochakkalai) 39.P.Ramuthai 40.R.Prabavathi 41.S.Owaiyar (Wrongly mentioned in the FIR as R.
42.M.Muthulakshmi 43.S.Helen Therasa 44.S.Jeyachitra 45.B.Hebsi Leela (Wrongly mentioned in the FIR as B.Hebsilla) 46.J.P.Shanthi Hemalatha 47.M.Thamaraiselvi 48.S.Manjammadevi (Wrongly mentioned in the FIR as Machammaldevi) 49.G.Lilli Pooranam 50.K.S.Vasuki 51.R.Amirthashobi 52.S.Pushparani 53.N.Muthuselvi 54.S.K.Bahini (Wrongly mentioned in the FIR as S.K.Vahini) 55.Vijayalakshmi (Wrongly mentioned in the FIR as S.Vijayalakshmi) 56.N.Umarani 57.A.Amirthasironmani 58.P.Pandiyammal 59.M.Lavanya (Wrongly mentioned in the FIR as A.Lavanya) 60.M.P.Chandrakala 61.V.Jeyashobhiya 62.T.Eswari (Wrongly mentioned in the FIR as D.Eswari) 63.K.Deepa 64.S.Chinnammal 65.C.R.Rani (Wrongly mentioned in the FIR as C.Rani) 66.B.Salammal 67.V.Rani 68.P.Valarmathi 69.C.K.Amirtha Gowri 70.P.Nehru Jinna Begam 71.M.
Valarmathy (Wrongly mentioned in the FIR as P.Valarmathy) 72.A.Periya Nayakam @ Geetha 73.R.Manjula 74.N.Shanthi Jeyakumari (Wrongly mentioned in the FIR as A.Shanthi Jeyakumari) 75.M.Prabha 76.P.Muthulakshmi 77.P.Chinnathai .. Petitioners/ Accused Nos.1 to 6, 8 to 15, 17 to 79 -Vs1.State Represented by Inspector of Police, Tallakulam Police Station, Madurai City.
(Crime No.2398 of 2018) .. Respondent/Complainant 2.Mr.Jegathishkumar .. Respondent/Defacto Complainant Prayer: Criminal Original Petition is filed under Section 482 of Criminal Procedure Code, to call for the records pertaining to the impugned FIR in Crime No.2398 of 2018, dated 26.11.2018 pending on the file of the Respondent No.1 and quash the same as illegal as
against petitioners alone.
For petitioners : Mr.T.Lajapathi Roy For Respondent : Mr.K.K.Ramakrishnan Additional Public Prosecutor
ORDER
This criminal original petition has been filed seeking to quash the FIR in Crime No.2398 of 2018, on the file of the first respondent.
2.The petitioners are arrayed as Accused Nos.1 to 6, 8 to 15, 17 to 79 in a crime registered against the petitioners for the offences punishable under Sections 143, 285 of IPC. The above case has been registered based on a complaint given by the Village Administrative Officer, Madurai North, wherein it has been stated that the petitioners who are belong to Tamilnadu Elementary School Teachers Federation were unlawfully assembled and burnt the G.O.Ms.Nos.234 and 303. Challenging the above said FIR, the petitioners have come forward with this petition. 3.Mr.T.Lajapathi Roy, learned counsel appearing for the petitioner would submit that totally there are 79 accused in the above said Crime number. Earlier, A7 and A16 in this case filed a petition to quash the very same F.I.R and this Court by an order dated 22.02.2019, in Crl.O.P.(MD).No.
2727 of 2019 quashed the F.I.R. in respect of them. The petitioners are also similarly placed persons. Hence, the order passed by this Court squarely applicable to the petitioners also, he has also produced the copy of the order passed in the above criminal original petition. 4.Learned counsel appearing for the respondent is not disputing the above fact.
5.The order dated 22.02.2019, passed by this Court in Crl.O.P.(MD).No.2727 of 2019 reads as follows: "5.The learned counsel appearing for the petitioners submitted that on the face of the FIR, no offence is made out and for the offence under Section 285 IPC, there must be fire to endanger human life. Mere burning of a paper even though it may be a Government Order is not likely to endanger human life. There is no indication that the burning of a piece of paper endangers human life.
6.This Court finds merit in the submission of the learned counsel appearing for the petitioners. Hence, the impugned FIR in Crime No.2398 of 2018, dated 26.11.2018 pending on the file of the respondent No.1 is quashed and accordingly, this criminal original petition is allowed. Consequently, connected miscellaneous petition is closed."
6.Considering the fact that already the same F.I.R. has been
quashed in respect of A7 and A16 and the petitioners are also similarly placed accused, this Court is of the view that the order is squarely applicable to them also.
6.Accordingly, this Criminal Original Petition is allowed and the FIR in Crime No.2398 of 2018, dated 26.11.2018, on the file of the first respondent, in respect of the petitioners herein is quashed. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar(AD-II) /TRUE COPY/ Sub Assistant Registrar To 1.The Inspector of Police, Tallakulam Police Station, Madurai City.
2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
+1 CC to M/s.T.LAJAPATHI ROY, Advocate ( SR-75248[F] dated 15/07/2019 ) Crl.O.P.(MD).No.9454 of 2019 12.07.2019 tm/gns JM/06.08.2019/2P-4C