SIVAKUMAR Vs. STATE

JUDGEMENT

(1.) THE petitioners are accused for offences punishable under Section-75 (1) (c) of the Tamil Nadu City Police Act, in S. T. C. No. 119 of 2004, on the file of Judicial Magistrate No. 7, Coimbatore.

(2.) FROM the complaint, it is seen that the Sub Inspector of Police, B-7 Police Station, along with constables, was on routine rounds, at which time, he is said to have found the accused in front of a shop run by one of the accused, making noise and also noticed the vehicle belonging to the accused parked in the middle of the road. When the complainant questioned their action, it is alleged that the first accused and others orally retaliated him. Since the petitioners indulged in acts amounting to breach of public peace, a case against them came to be filed.

(3.) LEARNED counsel for the petitioners submits that even if the allegations and averments made in the complaint and the statement of witnesses are taken to be true, it cannot be concluded that the offence is made out. Pointing out the allegations viz. , that, on being questioned by the Sub Inspector of police, the first accused replied that the car would be parked only in front of his shop, as otherwise, where it could be parked; that even in the presence of a police officer, they continued to indulge in mocking among themselves; and that, when the complainant made an attempt to disperse them, they ran away from the scene of occurrence; learned counsel would submit that those alleged acts would not at all constitute the offence under Section 75 (1) (c) of the Tamil Nadu City Police Act and sought to quash the proceedings. In support of his argument, he placed reliance on the decisions of this Court reported in 1985 L. W. (Crl.) 336 (Singaravelu v. State) and 1993 L. W. (Crl.) 53 (Babulal and another v. State ).