B. JOHN PANDIAN Vs. STATE

JUDGEMENT

(1.) This criminal original petition has been filed to quash the FIR in Crime No. 249 of 2016 dtd. 17/5/2016 on the file of the Inspector of Police, Devipattinam Police Station, Ramanathapuram District registered for the offences under Ss. 353, 188 IPC and Ss. 132 and 177 of Motor Vehicles Act.

(2.) The case of the prosecution is that the de-facto complainant, who is the Sub-Inspector of Police, Traffic Police Station, along with his police party was on election duty at Devipattinam Government Higher Secondary School on 16/5/2016 at 05.00 p.m. At that time, the petitioner along with his candidate had come in a vehicle within 100 metres radians of the polling booth and when the defacto complainant had instructed him not to come in the vehicle within the 100 metre range, the petitioner has prevented the defacto complainant from discharging his duty and defying the instruction proceeded in the vehicle into the polling booth and based on the complaint given by him, a case in crime No. 249 of 2016 was registered by the second respondent from the offences under Ss. 353, 188 IPC r/w 132 and 177 of M.V. Act. The occurrence is stated to have happened on 16/5/2016 and the complaint has been given on 17/5/2016.

(3.) Mr. Niranjan S. Kumar, learned counsel for the petitioner would submit that the petitioner is the founder-president of a political party, namely, Thamizhaga Makkal Munnetra Kazhagam which is working for uplifting of socially marginalized people in Tamil Nadu and that the petitioner had contested Tamil Nadu State Assembly Election, 2016 in Thiruvadanai constituency and his party members contested in various constituencies in Tamil Nadu. As a founder-president, the petitioner had visited various polling booths including one situated at Government Higher Secondary School, Devipattinam, at about 3.30 p.m. on 16/5/2016 along with his supporters. The Petitioner left the election booth immediately after enquiring about polling position in the said booth. There was no problem during his visit in the booth as per the report of the election officer. Subsequently, for the reasons best known to the respondent Police, a case had been registered in Crime No. 249 of 2016 for the offences punishable under Ss. 353 and 188 of I.P.C r/w Sec. 132 and 177 of Motor Vehicles Act.