THIRUMALAI Vs. STATE AND ORS.

JUDGEMENT

(1.) THESE petitions have been filed under Section 482 of Criminal Procedure Code to quash the FIR registered in Crime Nos. 721 and 742 of 2009 on the file of the first respondent.

(2.) THE facts of the case is that the petitioner /accused No. 2 along with other accused is said to have indulged in road roko, and though they were informed by the police that prohibitory order has been passed under Section 30(2) of the Police Act, which was in force from 01.10.2009 to 30.10.2009 20 persons and more indulged in road roko without issuing prior notice and getting due permission and the allegation against the petitioner is that he along with accused Nos. 1& 3 is alleged to have pushed the respondent/complainant. Nevertheless, those persons used criminal force prevented the vehicles from proceeding further and indulged in road roko on 13.10.2009. Hence, cases were registered against the petitioner and others for offence under Sections 143, 341, 188, 353 r/w 149 I.P.C. in Cr.Nos.721 and 742 of 2009. Now, the present revisions have been filed to quash the same insofar as, the petitioner is concerned.

(3.) THE learned Addl.Public Prosecutor submitted that having regard to the allegations made in the FIR, offence under Sections 143, 341, 353 r/w 149 of I.P.C. are made out and during investigation of the case and filing of final report, this aspect will be considered and depending upon the statements of witnesses, final report will be filed and hence FIR cannot be quashed. The learned Addl.Public Prosecutor further submitted that there is a specific allegation made by the complainant that he was pushed aside by the members of the gang and that it will amount to offence under Section 353 of I.P.C. and having prevented the movement of traffic, offence under Section 341 of I.P.C. was made out and having regard to the number of persons who assembled, offence under Section 143 r/w 149 of I.P.C. is also made out. However, he admitted that there was no prohibitory order.