R.ANAND SEKARAN Vs. STATE

JUDGEMENT

(1.) This quash petition is filed to quash the criminal proceedings in S.T.C.No.375 of 2019 on the file of the learned Judicial Magistrate I, Tuticorin, thereby having been taken cognizance for the offences under Section 188 of IPC and Section 3 of TNOPPD Act, as against the petitioners and other.

(2.) The case of the prosecution is that on 15.03.2016, the second respondent had found that the petitioners, who belong to DMK party, have opened election party booth office without obtaining permission by violating the Election code of conduct. Hence, the second respondent lodged a complaint before the first respondent police and first respondent police registered a case in Crime No.453 of 2016 for offences under Section 188 of IPC and 3 of TNOPPD Act, and the case was taken cognizance by the Judicial Magistrate I, Tuticorin, in S.T.C.No.375 of 2019. The said criminal proceedings is under challenge in this criminal original petition.

(3.) The learned counsel appearing for the petitioners would submit that the petitioners have not committed any offences as alleged by the prosecution. Due to political enmity, a false case has been foisted. The petitioners have not violated any rules and model code of conduct relating to election. He would further contend that the charges against the petitioners were not attracted, since there is no allegation against the petitioners that they have violated the election rules/model code of conduct. Further, he would contend that there is absolutely no witnesses have spoken about the occurrence and to connect the petitioners, there are no materials to proceed with the trial. When there is no material to proceed with the trial, the petitioner unnecessarily would not have put them an ordeal trial. Therefore, he prayed for quashment of the criminal proceedings.