THANUSKODI Vs. INSPECTOR OF POLICE

JUDGEMENT

(1.) This Criminal Original Petition has been filed to quash the charge sheet in S.T.C.No.2192of 2019 on the file of the Judicial Magistrate No.II, Srivilliputhur.

(2.) The case of the prosecution is that on 16.04.2014 at about 11.00 p.m, the 2nd respondent being a Election Flying Squad found that the DMK party candidate and party big-wigs canvassing votes with their party flag along with 6 vehicles near Thalavaipuram by violating the election rules and committed the offence under Section 136 of Representation of People Act r/w Sections 143 , and 188 I.P.C. and a case has been registered in crime No.201 of 2014 on the file of the first respondent, in which, the petitioners are arraigned as A2 and A4. Subsequently, the first respondent altered the offence under Section 188 of I.P.C and filed the alteration report and the case was taken cognizance by the learned Judicial Magistrate No.II, Srivilliputtur in S.T.C.No.2192 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 herein have contested in the parliamentary election as the candidate of political party of DMK in Tenkasi Constituency. He would further 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 charge against the petitioners was 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 petitioners unnecessarily would not have put them an ordeal trial. Therefore, he prayed for quashment of the criminal proceedings.