KARTHI Vs. STATE

JUDGEMENT

(1.) This Criminal Original Petition has been filed, invoking Sec. 482 Cr.P.C., seeking orders to call for the records pertaining to the case in C.C.No. 198 of 2016, on the file of the Judicial Magistrate, Nilakkottai and quash the same.

(2.) The petitioners are the accused Nos.1 to 6 in C.C.No.198 of 2016, pending on the file of the Judicial Magistrate Court, Nilakkottai. On the basis of the complaint lodged by the Village Administrative Officer of Batlagundu, Dindigul District, second respondent herein, F.I.R., came to be registered in Cr.No.368 of 205 against the present petitioners for the alleged offences under Ss. 290, 291, 186, 187, 188 I.P.C., r/w 192(A), 158, 177 of the Motor Vehicles Act and Rule 2110 of the Motor Vehicles Rules. The first respondent, after completing the investigation, has laid a final report under Sec. 173 Cr.P.C., dtd. 26/10/2015 against the petitioners for the alleged offences under Ss. 290, 291, 186, 188 I.P.C., r/w 192(A), 158, 177 of the Motor Vehicles Act and Rule 2110 of the Motor Vehicles Rules and that the case was taken on file in C.C.No.198 of 2016 and the same is pending on the file of the Court of Judicial Magistrate, Nilakkottai.

(3.) The case of the prosecution is that on 18/9/2015 at about 15.40 hours, in Batlagundu main road and in front of Meenakshibavan Hotel, when the Vinayagar Idol procession was proceeding, the fourth accused had taken a tractor bearing Registration No.TN-20-2019 by loading Vinayagar Idols and also allowed the other accused to travel in the said goods vehicle, that they had also arranged mike set and loud speaker and played songs with high volume and thereby caused nuisance to the public, that they had violated the directions issued by the Police and Revenue Department and also by the Madurai Bench of Madras High Court and that they have also used the tractor without any permission and without any valid documents.