LAWS(MAD)-1987-12-25

SEKAR Vs. COMMISSIONER OF POLICE MADRAS 8

Decided On December 18, 1987
SEKAR Appellant
V/S
COMMISSIONER OF POLICE Respondents

JUDGEMENT

(1.) THIS is a petition under Sec.482, Criminal Procedure Code to quash the proceedings in Petty Case No.4281 of 1984, on the file of the 17th Metropolitan Magistrate, Saidapet, Madras, which had been filed on the basis of Crime No.229 of 1984, on the file of the R6 Police Station under Sec. 75 of the Madras City Police Act. Learned counsel for the petitioner pointed out that in the petty case charge sheet filed before the learned 17th Metropolitan Magistrate, a copy of which had been furnished to the petitioner, it is simply stated that on 13.5.1984, at about 8.30 p.m., the petitioner abused the Sub-Inspector of the said police station regarding a case taken on file by him and the petitioner also abused police person, likely to cause breach of peace and committed the offence punishable under Sec. 75 of the City Police Act.

(2.) LEARNED counsel for the petitioner submitted that the petitioner is a respectable person and member of the organisation called �Vanniyar Ilaig-nar Iyakkam� and the organisation is fighting for social justice and upliftment of suppressed action of people belongimg to all communities and the petitioner went to the police station to enquire about an old lady who was to be detained in the police station and the petitioner wanted to know the cause of the detention over which the Sub-Inspector of Police because violent and beat him and caused him injury and the Sub-Inspector of Police also abused about the organisation and the crowd which gathered before the police station saved him and he was taken from the police station to the Government Hospital at K.K. Nagar and he was treated there for injuries and he has obtained a wound certificate and he has also filed a Complaint regarding the incident and he has sent copies of the Complaint to the President of India and other higher officials. While that was so, learned counsel submitted, action had been taken falsely alleging that the petitioner committed offences punishable under Sec. 75 of the City Police Act.