THANUSKODI Vs. STATE

JUDGEMENT

(1.) This Criminal Original Petition has been filed seeking to quash final report filed by the respondent police which has been taken on file in S.T.C.No.2188 of 2019 on the file of the learned Judicial Magistrate No.II, Srivilliputtur.

(2.) The case of the prosecution is that on 13.03.2017 at about 10.40 hrs the petitioners herein along with others standing infroint of Devathanam Price Shop bearing No.24TF012P1 without obtaining any valid permission conducted protest to give rations things without delay and supply good products to the consumers. Hence he lodged a complaint before the first respondent police and first respondent police registered a case in Crime No. 90 of 2017 for offences under Sections 143 , 188 of IPC @ 143 of I.P.C and the case was taken cognizance by the learned Judicial Magistrate No.II, Srivilliputtur.. 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. He would further contend that the charge against the petitioners were not attracted. 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 petitioners unnecessarily would not have put them an ordeal trial. Therefore, he prayed for quashment of the criminal proceedings.