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2018 Supreme(Mad) 3015

N.ANAND VENKATESH
Eshwaran – Appellant
Versus
State Rep by Sub Inspector of Police – Respondent


Advocates Appeared:
S. Poornachandran, Adv., M. Chandra Sekaran, Adv.

JUDGMENT

N. Anand Venkatesh, J.

This Criminal original Petition has been filed seeking to quash the proceedings in connection with S.T.C.No.892 of 2018 pending on the file of the Judicial Magistrate, Aruppukottai, Virudhunagar District.

2. The respondent police after investigation have filed the final report against the petitioners for the offences under Sections 279, 143, 188, 353 and 109 of IPC and Section 179 of M.V. Act.

3. The learned counsel for the petitioners would submit that the final report filed for the offences under Sections 188 and 143 is not sustainable in view of the judgment passed by this Court in Crl.O.P. (MD).No.1356 of 2018, dated 20.09.2018.

4. The learned counsel for the petitioner would further submit that the allegation made in the final report is that the petitioners have driven the vehicle in reckless manner and have disrupted the functioning of the public officials at the check post. According to the learned counsel for the petitioner even if the allegation is taken as it is, no offence has been made out under Section 353 of IPC, since there is no force, criminal force or assault that was made against the public servant. Therefore, the offence under Section






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