MUTHIAH POSUMPON AND ORS. Vs. STATE AND ORS.

JUDGEMENT

(1.) This Criminal Original Petition has been to quash the proceedings in C.C.No.306 of 2015 on the file of the learned Judicial Magistrate Court No.II, Madurai. The brief facts of the case is as follows:- The petitioners along with some other persons are facing charges under Sec. 147, 294 (b), 427 and 506 (ii) of IPC before the Judicial Magistrate, No.II, Madurai.

(2.) The defacto complainant in this case, lodged a complaint on 01.10.2014, alleging that during the relevant time, he was working as a Security in Tamil Sangam, Madurai. On 01.10.2014, at about, 11.00 a.m, when he was on duty, the named accused persons along with some unknown 10 persons threatened him to open the gate of the Tamil Sangam and threatened him. The accused namely Ramani, Azhagarsamy, Senthil and Arumugam, instigated the other unknown persons to kill him and also abused him in filthy language. The accused Gnanasekar by abusing the defacto complainant pushed him and he sustained simple injury. They also caused damage to the name board of the Tamil Sangam. The occurrence took place, at the instigation of Gurusamy, Muthiah and Pasumpon. Seeking action against those persons, the defacto complainant lodged a complaint, which was registered in Crime No. 1240 of 2014 for the offences under Ss. 147, 294 (b), 427 and 506 (ii) of IPC on 01.10.2014. Based upon the complaint, the Thilagar Thidal Police-C4, conducted the investigation and recorded the submission of witnesses and finally, they filed a final report before the leaned Judicial Magistrate Court No.II, Madurai, and the same was taken cognizance in C.C.No.306 of 2015, on 20.10.2015. So, against that, this quash petition has been filed, on the ground that none of the ingredients of the offence alleged against the petitioners are satisfied and so, the charge sheet is liable to be quashed.

(3.) Heard the learned counsel appearing for the petitioners and the learned Government Advocate (Crl.Side) appearing for the State.