LAWS(MAD)-2019-2-278

VAITHIYANATHAN Vs. STATE REPRESENTED BY INSPECTOR OF POLICE

Decided On February 15, 2019
VAITHIYANATHAN Appellant
V/S
STATE REPRESENTED BY INSPECTOR OF POLICE Respondents

JUDGEMENT

(1.) Criminal Original Petitions are filed under Section 482 of the Code of Criminal Procedure, to quash the charge sheet in S.T.C.No.595, 596 and 597 of 2018, respectively on the file of the learned District Munsif cum Judicial Magistrate, Thirupattur Taluk, Sivagangai District for the alleged offences under Section 143 I.P.C, which are registered under Crime Nos.19, 20 and 21 of 2017, respectively. (in all petitions) For Petitioners : Mr.K.R.Badursu Zaman For Respondent : Mr.A.P.G.Ohm Chairma Prabhu Government Advocate (Crl.Side) COMMON ORDER The petitioners filed a petitions under Section 482 Cr.P.C, to call for the records pertaining to the charge sheet in S.T.C.No.595, 596 and 597 of 2018 on the file of the learned District Munsif cum Judicial Magistrate, Thirupattur Taluk, Sivagangai District and quash the same.

(2.) The case of the prosecution is that based on the secret information received, the respondent / complainant on 13.03.2017 at about 10.00a.m, went to Neduvayal. At that time, in front of the Neduvayal Ration shop, he observed that about 11 persons headed by the first petitioner have unlawfully assembled near the Ration shop and raised slogans against the irregular supply of essential commodities by the State Government in various ration shops and were agitating. It is further alleged that the police also explained them the enforcement of Section 30 (ii) of the Police Act. In spite of the request made by the police, they did not leave the place and continued to agitate causing severe traffic obstructions. Hence, cases in Crime No.19, 20 and 21 of 2018, were registered by the respondent police, respectively. After completing investigation, the respondent police filed a charge sheet under Section 143 Cr.P.C before the learned Judicial Magistrate, Thirupattur Taluk, Sivagangai District, taken on file in S.T.C.No.595, 596 and 597 of 2018, respectively and summons were issued.

(3.) Aggrieved by the said summons, the present petitions have been filed by the petitioners.