S VIJAYAKUMAR Vs. INSPECTOR OF POLICE; VIJI

JUDGEMENT

(1.) This Criminal Original Petition is filed seeking to call for the records pertaining to the case pending in C.C. No.57 of 2016 on the file of the Judicial Magistrate II, Tindivanam and quash the proceedings.

(2.) Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor appearing for the respondents-State.

(3.) On 17.12.2015, around 17 hrs., when the second respondent, viz., Ms. Viji, Sub-Inspector of Police, Marakkanam Police station and two other policemen were conducting vehicle check near the Anumanthai Tollgate, the petitioner/accused came in a motor bike bearing Regn. No. PY 01 CE 1872 and his vehicle was stopped for routine check. The petitioner/accused was not wearing helmet. The second respondent asked the petitioner/accused to produce his driving licence and vehicle records, for which, the latter appears to have picked up a quarrel with her and had abused her using choosy epithets. When the second respondent prepared a challan for violation of Rule 37(1) read with Sections 177 and 192 of the Motor Vehicles Act, 1988 the petitioner/accused refused to receive it and further threatened the second respondent that if he gives a call, hundreds of his villagers will assemble. That apart, when the second respondent attempted to prevent the petitioner/accused from moving, he has misbehaved with her and pushed her and thereafter, took away his motor bike.