Pandi v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 12.10.2018
CORAM
THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Crl.O.P(MD) No.18349 of 2018 and Crl.M.P.(MD) Nos.8188 and 8189 of 2018 1.Pandi 2.Gurumoorthi 3.Vijaya Kumar 4.Vinayagam 5.Vijayan 6.Kaniraj 7.Kumar 8.Ganesan 9.Natarajan 10.Veerappan 11.Shanmuthu 12.Dhevarappan 13.Karunanithi 14.Raja 15.Manivannan 16.Mahalingam 17.Murukasamy 18.Muruga Boopathi 19.Madasamy 20.Vairavan 21.Vijayakumar
...Petitioners/Accused No.1 to 21
vs.
State represented by The Inspector of Police, Vembakottai Police Station, Virudhunagar District.
Crime No.80 of 2017 ...1st Respondent/complainant Prayer: This Criminal Original filed under Section 482 of the Code of Criminal Procedure, to call for the records pertaining to the case in S.T.C.No.2921 of 2017 on the file of the learned Judicial Magistrate No.2, Sattur and quash the same. For Petitioners : Mr.N.Mariappan For Respondent : Mrs.S.Bharathi Government Advocate (Crl.Side)
ORDER
This criminal original petition has been filed to quash the proceedings in S.T.C.No.2921 of 2017 on the file of the learned Judicial Magistrate No.2, Sattur.
2.A reading of the final report shows that the petitioners have agitated against the Government for not providing essential commodities in the ration shop. Initially, the FIR was registered under Sections 188 and 143 I.P.C. At the time of filing the final report, the offence under Section 188 I.P.C., was deleted and the final report was filed only for the offence under Section 143 I.P.C., 3.This Court is of the considered view that the petitioners, had agitated against the Government for not providing essential commodities in the ration shop and by no stretch, they can be called as accused persons and the agitation conducted by them cannot be called as offence. There are absolutely no grounds made out against these petitioners for the alleged offence under Section 143 IPC.
4.In the result, the proceedings in S.T.C.No.2921 of 2017 on the file of the learned Judicial Magistrate No.2, Sattur, is hereby quashed. Accordingly, this criminal original petition is allowed. Consequently, the connected miscellaneous petitions are closed.
Sd/- Assistant Registrar (AS) // True Copy // Sub Assistant Registrar(CS-III)
To 1.The Inspector of Police, Vembakottai Police Station, Virudhunagar District.
2.The Judicial Magistrate, No.II, Sattur.
3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
+ 1 CC TO MR.N.MARIAPPAN, ADVOCATE IN SR NO.90556 MM BU/RP/SAR-1 :01.11.2018 : 3P/5C Crl.O.P.((MD) No.18349 of 2018 12.10.2018