UTHAYAKUMAR Vs. STATE TAMIL NADU

JUDGEMENT

(1.) This Criminal Original Petition is an invocation of the inherent jurisdiction of this Court under Sec. 528 BNSS, 2023, seeking quashment of the prosecution in C.C.No.71 of 2024 arising out of Crime No.519 of 2024, registered for the alleged offences under Ss. 294(b), 353 and 506(1) IPC and Sec. 4 of the Tamil Nadu Prohibition of Harassment of Women Act, 2002.

(2.) The contours of the inherent power are well settled. It is not a forum for a mini-trial, yet, where even on an uncontroverted reading of the prosecution materials the essential ingredients of the alleged offences are absent, continuation of the criminal proceedings would amount to an abuse of process, warranting interference. Case of the Prosecution:

(3.) On 22/6/2024, the second respondent /de facto complainant, stated to be a Traffic Police Officer, imposed a fine of Rs.1,000.00 on the petitioner for alleged motor vehicle violations (absence of "proper number plate", and sun-control film). On 23/6/2024 at about 10.30 a.m., when the de facto complainant was regulating vehicular traffic at the place mentioned in the records, the petitioner allegedly came in his car, got down, questioned the fine, abused the de facto complainant using "obscene / filthy language", threatened her, and thereby deterred / obstructed her in discharge of her duty and criminally intimidated her.