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2021 Supreme(Mad) 2535

G.R.SWAMINATHAN
Selvam – Appellant
Versus
State Rep. by its the Sub-Inspector of Police, Tirunelveli – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:K.P. Narayana Kumar, Advocate.
For the Respondent: T. Senthil Kumar, Additional Public Prosecutor.

JUDGMENT :

(Prayer: This Criminal Original Petition is filed under Section 482 of Cr.P.C., to call for the records relating to the proceedings of First Information Report in Crime No.105 of 2020 on the file of the 1st respondent police and quash the same as against the petitioners herein.)

1. Heard the learned counsel for the petitioners and the learned Additional Public Prosecutor for the first respondent.

2. This Criminal Original Petition has been filed to quash the FIR in Crime No.105 of 2020 registered on the file of the first respondent for the offence under Section 291 of I.P.C.

3. The case of the prosecution is that the petitioners were found uttering filthy words in a public place and that when the police patrol directed them to disperse, they defied the directive and continued to commit public nuisance. Hence, based on the information lodged by the jurisdictional Sub Inspector of Police, the impugned FIR was registered.

4. Section 290 of IPC is a non-cognizable offence. As per Section 155(2) of Cr.PC, no police officer shall investigate a non-cognizable case without the order of a Magistrate having power to try such case or commit the case for trial. The informant in a non-cog

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