SRINIVASAN AND ORS Vs. STATE

JUDGEMENT

(1.) This Criminal Original Petition is filed to quash the F.I.R. in Crime No. 86/2005 registered by the respondent herein for the alleged commission of offence under Sections 45 and 46 of Madras City Police Act.

(2.) As per the F.I.R, the complainant is the Inspector of Police, Pondy Bazaar Police Station, Chennai-17 and according to him, on receipt of information, he raided the premises of the petitioner at about 18 hours on 30.01.2005 and found in the premises that accused No. 2 to 11 were playing card game 'Mangatha' and accused No. 1 had leased out the said premises for rent and therefore, they have committed the above said offence.

(3.) The accused in the F.I.R came forward to file this Criminal Original Petition to quash the F.I.R on the ground that similar prosecutions launched against the petitioner and also the Club on earlier occasion, had ended in acquittal and that they have also moved the civil court and obtained a decree restraining the police officials from interfering with the affairs of the club viz., Sri Sakthi Vinayagar Recreation Centre and a decree was passed which was confirmed by this Court also. They also filed writ petitions wherein orders have been passed against the police officials restraining them from interfering with the affairs of the club except under due process of law.