R. KARUPPAN Vs. THE INSPECTOR OF POLICE

JUDGEMENT

(1.) BOTH the criminal original petitions are filed for quashing the proceedings in CC.Nos. 6257 and 6258 of 2002 on the file of Chief Metropolitan Magistrate, Egmore, Chennai which are the culmination of FIR in Cr.Nos. 10 of 2001 and 13 of 2001 respectively in respect of the occurrence allegedly taken place at 11.45am on 26.04.2001 inside Court Hall No. 6 of High Court, Madras and in respect of the occurrence at 12.30pm on 30.04.2001 inside the reporters room situated within the High Court Campus. Both the cases are registered on the basis of the complaint given by Registrar General, High Court, Madras. The complaint arising out of which is CC.No. 6257 of 2002 in respect of the occurrence taken place inside the Court Hall is originally registered for the offences under Sections 147, 228, 427, 341, 353, 506(i) IPC r/w. S. 3(1) Tamil Nadu Prevention of Public Property Damages Act 1992 and under Section 7(1) of CLA Act. Whereas the charge sheet is filed under Sections 147 and 228 IPC r/w. Sections 3(1) of Tamil Nadu Prevention of Property Damages Act and Tamil Nadu Act 46/1992 r/w. 149. Other complaint relating to occurrence taken place inside the reporters room is originally registered for the offences under Sections 147, 427, 448, 336, 506(i) IPC r/w. Section 3(1) of Tamil Nadu Prevention of Public Property Damages Act and the same is charge sheeted for the offences under Sections 147, 451, 427, 506(i) IPC r/w. 3(1) and TN Act 46 of 1994 r/w. Section 173(2).

(2.) THE proceedings in respect of both the occurrences are in the present petitions sought to be quashed by the accused who are practising lawyers in the High Court, on the ground of delay in lodging the complaint and delay in disposing of the cases and also on the ground of absence of any legally permissible evidence to identify the accused in the alleged occurrences.

(3.) HEARD the rival submissions made on both sides.