RAJAKUMAR BHAGWATSARAN Vs. STATE

JUDGEMENT

(1.) (1) Thiru Rajakumar Bhagwatsaran, the petitioner herein, stands charged with an offence under Section 75 of the City Police Act before the Honorary Presidency Magistrate at Madras. He has filed the petition Criminal M.P. No. 1938 of 1970 for quashing these proceedings. He has filed an affidavit, and in it he has averred that he has initiated proceedings against certain Police Officers in competent Courts and that the present prosecution has been launched against him so as to make him withdraw these proceedings. He has further averred that on 8th June, 1970 at 9 A.M. one Gajapathy of Byrang Jang Bahadur Street, Madras, knocked at his door and abused him when he came out. He gave a phone message to the emergency policy. They came and took that person in the Van. He gave a complaint about it, but without proceeding against him, they have chosen to file a case against him under Section 75 of the City Police Act. He has also produced the summons received by him. He contends that this summons does not contain the necessary details regarding the Court, offence, etc., On these grounds, he wants the proceedings to be quashed.

(2.) Petitioner has argued his case in person in this Court, and during the course of the arguments, he raised another question that the complaint on which the summons has been issued relates to a non-cognizable offence, and that as such the police should not have investigated it without obtaining the orders of the Court.

(3.) Crl.M.P. No. 2100 of 1970 was filed by him to call for the records maintained in the Control Room in the Office of the Commissioner of Police, for registering the phone messages received on 8th June, 1970. The learned Public Prosecutor has produced a copy of this message. The extract produced by him shows that on 8th June, 1970 at 9-54 A.M. the petitioner had given the following message, "Disturbance is going on at the said address. Please send police and take action."