S M RAFIQ AHAMED Vs. STATE

JUDGEMENT

(1.) This Criminal Original Petition has been filed seeking to quash the proceedings in C.C.No.271 of 2014, pending on the file of the learned Judicial Magistrate-V, Coimbatore.

(2.) The petitioners have been arrayed in the Final Report as A-1, A~6, A-7, A~8 & A-9. The Final Report has been filed by the respondent Police for an offence under Sec. 505(2), and 188 of Penal Code and Sec. 71(A) of the Tamil Nadu City Police Act, 1888. As against A-1 the charge is u/s 188 Penal Code Sec. 71(XIX) and 71(A) of the Tamilnadu City Police Act, 1888, as against A-6, the charge is u/s 188 and 506(i) of IPC, Sec. 71(XIX) and 71(A) of the Tamilnadu City Police Act, 1888, as against A-7 to A-9 the charge is u/s 502(2), 506(i) and 188 of Penal Code r/w 109 IPC, Sec. 71(XIX) and 71(A) of the Tamilnadu City Police Act, 1888.

(3.) The learned counsel for the petitioners submitted that the Final Report is not maintainable as against any of the accused persons u/s 188 of Penal Code and the Court below ought not to have taken cognizance of the Final Report for this offence. In order to substantiate his arguments, the learned counsel for the petitioner brought to the notice of this Court, the judgment in Jeevanandham and Others .Vs. State, rep. by Inspector of Police, and Another, 2018 2 LW(Cri) 606 . The learned counsel further submitted that if this provision goes, then there is no offence made out as against A-1. Insofar as A-6 is concerned, the only other added offence is under 506(i) Penal Code and the allegations made in the Final Report does not made out an offence of criminal intimidation.