Pepikagu @ Peppin Kagu, v. The Superintendent Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 17.09.2018
CORAM
THE HONOURABLE MR. JUSTICE N.ANAND VENKATESH CRL.O.P.(MD)No.11589 of 2018 and Crl.M.P.(MD)Nos.5056 and 5259 of 2018 1.Pepinkagu @ Peppin Kagu 2.Jovalan 3.Aanjala @ Anjala 4.Puvaya 5.Matharasi 6.Jeyanthi @ Jayanthi 7.Ciristhu Rani @ Cristhu Rani 8.Jegan 9.Gnanam 10.Selvavalan 11.Selva Chandran @ Selva Chandiran 12.Pappuraj Curuz @ Pappuraj Cruz 13.Thevaraj @ Devaraj 14.Arockia Seeli @ Arokia Seeli 15.Anthony Pitchai 16.Sesurajya karvali @ Sesuraj Garwali 17.Dayana
18.Andonita @ Andonitta 19.Sakila 20.Thomas Vas 21.Selvi 22.Chandran Fernando @ Chandiran Fernandu 23.Nickolasxavier @ Nicholus Xavier 24.Sagayaselvi @ Sagaya Selvi 25.Jo Amalraj @ Joe Amalraj 26.Sebasthiyan Fernando @ Sebastian Fernandu 27.Moitcharani 28.Bharathi 29.Selvakumar 30.Joseph Dev Ananth @ Joseph Dev Anand 31.Punitha 32.Balachandran @ Balachandiran 33.Rani 34.Jhonson @ Johnson 35.Backianathan @ Pakianathan 36.Ando Abinash @ Andro Abinash 37.Aandruz @ Anrose 38.Priya 39.Arockia Seelan @ Arokia Seelan 40.Meri Nobil @ Mary Noble 41.Selvarathinam 42.Abaranam Komas ... Petitioners
Vs 1.The Superintendent of Police, Thoothukudi District, Thoothukudi.
2.The Inspector of Police, Soorankudi Police Station, Thoothukudi District.
3.The Village Administrative Officer, Vembar Village, Vilathikulam Taluk, Thoothukudi District.
... Respondents PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying, to call for the records pertaining to the Crime No.23 of 2018, dated 02.06.2018 on the file of the Soorankudi Police Station, Thoothukudi District as against these petitioners and to quash the same as illegal.
For Petitioners : Mr.P.Muthu Vijaya Pandian For Respondents : Mrs.S.Bharathi Government Advocate (Crl.side)
O R D E R
This petition has been filed to quash the F.I.R in Crime No.23 of 2018 for an alleged offence under Sections 143 and 353 of IPC.
2.It is seen from the complaint that one Marvel Rex Naveen who was working as a Physical Training Teacher in the School, was prevented from signing the attendance register by the people belonging to the Village. Thereafter, a Peace Committee was conducted by the Tahsildar, Vilathikulam on 26.05.2018. In the said meeting, it was accepted by the parties that the said teacher will not be prevented from attending to his duty in the school from 01.06.2018 onwards. An undertaking given by the village people was recorded and the report was also submitted by the Tahsildar. 3.Subsequently, on 02.06.2018, an F.I.R came to be registered for the very same incident as against nearly 51 persons for an alleged offence under Sections 143, 353 of IPC. This F.I.R has been challenged before this Court.
4.The learned counsel for the petitioners would submit that the entire issue came to an end subsequent to the Peace Committee Meeting conducted by the Tahsildar and thereafter, the very same
issue is now being re-agitated by registering an F.I.R. It is also seen that from 01.06.2018 onwards, the above said P.T. Teacher has been attending to his duty in the School without any hindrance from the petitioners.
5.The learned Government Advocate (Crl.side) for the respondents would submit that even though the parties gave an undertaking in the Peace Committee Meeting, the Village Administrative Officer has given a complaint for the said incident and therefore, the second respondent has registered an F.I.R for an offence under Sections 143 and 353 IPC.
6.In the considered view of this Court, the continuation of the F.I.R against the petitioners will amount to an abuse of process of law. The entire dispute came to an end on 26.05.2018 by virtue of the Peace Committee Meeting conducted by the Tahsildar and admittedly, the concerned Teacher has been permitted to work effective from 01.06.2018. When the entire dispute has been resolved, the respondent police cannot start a parallel investigation as against nearly 50 persons belonging to the village. No useful purpose will be served by keeping the F.I.R pending. Interest of justice warrants that F.I.R should be quashed. 7.Accordingly, the F.I.R in Crime No.23 of 2018 on the file of the second respondent is hereby quashed and the criminal original petition is allowed.
Consequently, connected miscellaneous petitions are closed.
Sd/- Assistant Registrar (Records) // True Copy // Sub Assistant Registrar(CS-II) To 1.The Superintendent of Police, Thoothukudi District, Thoothukudi.
2.The Inspector of Police, Soorankudi Police Station, Thoothukudi District.
3.The Village Administrative Officer, Vembar Village, Vilathikulam Taluk, Thoothukudi District.
4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
+1 CC To MR.P.MUTHU VIJAYA PANDIAN, Advocate SR. NO. 84843 CRL.O.P.(MD)No.11589 of 2018 and Crl.M.P.(MD)Nos.5056 and 5259 of 2018 17.09.2018 RMI TR/SKN/SAR-II(08.10.2018)5P 6C