K. RAMAKRISHNAN AND OTHERS Vs. INSPECTOR OF POLICE, SRIRANGAM POLICE STATION, TRICHY CITY, CRIME NO. 891 OF 2012 AND OTHERS

JUDGEMENT

(1.) Since, both these two petitions are interlinked, they are taken up together, heard and disposed of by way of this common order. The petitioners in Crl.O.P.(MD).No. 9577 of 2013 stand accused in C.C. No. 14 of 2013 on the file of the learned Judicial Magistrate No.III, Trichy for the offences under Sections 143, 188, 341, 153(A), 294(b), 506(ii), 353, 120(b), 34 IPC r/w 7(1)(A) CLA Act.

(2.) The case of the prosecution is that on 20.10.2012 at around 11.15 a.m., the petitioners herein assembled at Srirangam old bus stand, without getting prior permission eventhough prohibitory orders under Section 30(2) of the Police Act were in force. The Assembly was pursuant to the call given by Periyar Dravida Kazhaham to agitate against the naming of the restaurant run by one Krishnan at Srirangam in the name and style of "Sri Krishna Iyyar Traditional Bramanal Cafe". The said organisation had given a call for defacing the name board.

(3.) According to the prosecution, the petitioners shouted provocative slogans against the Brahmin community. They marched towards the said hotel. They prevented others and members of the general public from going to the Cafe. When the police stopped the petitioners, the petitioners pushed them away and also criminally intimidated the police. They also used abusive words against the police. Therefore, Crime No. 891 of 2012 was registered on the file of Srirangam Police Station, based on the information lodged by one A. Arun, Sub Inspector of Police, Government Hospital Police Station, Trichy. The first respondent conducted investigation and filed final report. The learned Judicial Magistrate took cognizance of the final report against the petitioners Ramakrishnan, Saravanan, Secni Viduthalai Arasu, Prabakaran and Saiprakash for the offences under Sections 7(1 )(A) of CLA Act and 506(ii) of IPC., and against all the petitioners under Sections 143, 188,341, 153(A), 294(b), 506(ii), 353, 120(b), 34 IPC r/w 7(1)(A) CLA Act. Contending that the learned Trial Magistrate erred in taking the final report on file and issuing summons to them, the present petitions have been filed for quashing the said proceedings.