S VELLAIMUTHU Vs. STATE

JUDGEMENT

(1.) THE accused in S.T.C.No. 1636 of 1993 on the file of Judicial Magistrate No. I, Pudukkottai, has filed this petition under Sec.482, Crl.P.C, praying to call for the records in the above case and quash the same.

(2.) SHORT facts are: Judicial Magistrate No. II, Pudukkottai had sent the complaint under Sec. 228, I.P.C. read with Sec. 345(1)and(3),Code of Criminal Procedure against the petitioner. The allegations in it are briefly as follows: On 9.10.1993, at about 11.20 a.m., the complainant was recording the evidence tendered by Selvaraj in Crl.M.P.No. 1625 of 1993. At that time, the accused, who is Assistant Public Prosecutor Grade-II, suddenly entered into the court hall in mafti, put cigar in his mouth and lighted it, smoked the cigar and blow the smoke towards the Magistrate and laughed at him and shouted aloud. The Magistrate asked the Office Assistant to apprehend him. But the accused ran away from the court hall. Because of this act on the part of the accused, the Magistrate could not discharge his work in recording the evidence in Crl.M.P.No. 1625 of 1993. The accused had insulted the court and had disturbed the proceedings of the court as above and hence he is liable to be punished under Sec. 228, I.P.C. Along with this complaint, the learned Magistrate had sent the statements of Paramanathan and Jayar-aman, Office Assistant, Krishnan, Assistant, Si-trarasu, Balakrishnan and Shanmugham, Advocates. According to Mr.I. Antony Oscar, the learned counsel this was taken on file in S.T.C.No. 534 of 1993 on the file of Judicial Magistrate No. II, Pudukkottai. The accused in that case has filed this petition for quashing the same.