K. Rajarajan v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED 29.01.2015
CORAM
THE HONOURABLE MR.JUSTICE C.T.SELVAM Crl.O.P.(MD)No.304 of 2013 and M.P.(MD)No.1 o 2013 K.Rajarajan .. Petitioner Vs.
1.The Inspector of Police, Aruppukkottai Taluk, Aruppukkottai, Virudhunagar District.
2.The Sub-Inspector of Police, Mallanginar Police Station, Virudhunagar District.
3.The Executive Officer, Mallanginar Town Panchayat, Virudhunagar District.
.. Respondents Prayer: Petition filed under Section 482 of Cr.P.C. to call for the records pertains to the First Information Report registered in Crime No.174 of 2009, dated 05.11.2009 on the file of the second respondent police under sections 147, 148, 447, 353 and 506(ii) IPC r/w Section 3 of Tamil Nadu Property (Prevention of Damage and Loss) Act, 1992 and quash the same as null and void in so far as the petitioner is concerned. For Petitioner : Mr.D.Selvam for Mr.S.Balamurugan For Respondents : Mr.K.Anbarasan Govt.Advocate (Crl. side)
ORDER
The petitioner seeks to quash the proceedings pending in Crime No.174 of 2009, dated 05.11.2009 on the file of the second respondent police under sections 147, 148, 447, 353 and 506(ii) IPC r/w Section 3 of Tamil Nadu Property (Prevention of Damage and Loss) Act, 1992.
2. The case in Crime No.174 of 2009 has been registered on the allegation that even though the concerned political parties were instructed to remove their flag masts, wherein a high-mast light was put up, they failed to do so and hence, the same were removed through official action. Thereafter, one of the political parties, stopped the complainant from carrying out his duties in seeking to put up the highmast light, planted a flag of their party and intimidated the complainant. A loss of Rs.200/- was also alleged. Such case though registered on 05.11.2009, has seen no progress in the investigation. https://hcservices.ecourts.gov.in/hcservices/
3. Considering the nature of the case and the passage of time from the date of the occurrence, this Court is inclined to quash the First
Information Report. Accordingly, all the further proceedings in Crime No.174 of 2009 is quashed.
4. The Criminal Original Petition is allowed. Consequently, connected Miscellaneous Petitions are also dismissed. Sd/- Assistant Registrar(RTI) /TRUE COPY/ Sub Assistant Registrar To 1.The Inspector of Police, Aruppukkottai Taluk, Aruppukkottai, Virudhunagar District.
2.The Sub-Inspector of Police, Mallanginar Police Station, Virudhunagar District.
3.The Executive Officer, Mallanginar Town Panchayat, Virudhunagar District.
4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
+1cc to Mr.S.Balamurugan, Advocate, SR.No.4111 Crl.O.P.(MD)No.304 of 2013 29.01.2015 rj2 PA/19.02.15/2P/6C https://hcservices.ecourts.gov.in/hcservices/