ORDER

The petitioner has filed the above petition invoking Section 528 of BNSS seeking orders to call for the entire records pertaining to Cr.No.185 of 2024 pending on the file of the first respondent police and quash the same as against the petitioner.

2. On the basis of the complaint lodged by the second respondent, F.I.R., came to be registered in Cr.No.185 of 2024, dated 20.04.2024 against the petitioner and 15 persons belonging to Mankudi Village for the alleged offences under Sections 143, 341, 294(b) and 323 I.P.C. It is not in dispute that subsequently, the case was altered for the offences under Sections 143, 294(b), 341, 323, 353 and 506(i) I.P.C. It is also not in dispute that on the basis of the complaint lodged by the petitioner herein, F.I.R., came to be registered in Cr.No. 184 of 2024 dated 20.04.2024 against the second respondent – defacto complainant for the alleged offences under Sections 294(b), 324 and 506(ii)

I.P.C.

3. The case of the prosecution is that the second respondent/defacto complainant is working as a Revenue Inspector, Konthagai, Sivagangai District, that he was assigned as Assistant Zonal Officer / Assistant Section Officer by the District Election Officer for the year 2024 parliamentary election, that on 19.04.2024 when the VVPAT (Voter Verified Paper Audit Trial) was placed for model polling and since the same was not functioning properly, the Engineers of BHEL were called for and once again the VVPAT was not properly functioning and hence, a new VVPAT which was kept under reserve was replaced and sent back, that the petitioner/accused at that point of time was staying inside the polling room and was directing the public and hence, the second respondent directed the petitioner to go out of the room and the petitioner went out of the room with anger, that the petitioner had earlier assumed that he had been posted to election duty as Booth Level Officer only at the instance of the second respondent/complainant and hence, developed motive as against the second respondent, that on 19.04.2024 after polling was over, the second respondnet and others went to the concerned polling booth for collecting the Electronic Voting Machine (EVM) and the other election related articles, that the petitioner had demanded pay for election duty from the second respondent for which, the second respondent replied that he was having pay only for Polling Officers, that the petitioner/accused had quarrelled with the second respondent and abused him in filthy language and restrained him in proceeding with the election duty and the petitioner, his relatives and the villagers from Mankudi had committed murderous attack and caused injuries on his neck and face, that the police available in the polling booth had taken the second respondent and saved him from murderous attack, that the petitioner and other accused had restrained the vehicles with EVM from moving out of the polling station and they threatened to throw stones if the vehicles are allowed to move and subsequently the vehicles were taken with the help of the police and that therefore, on the basis of the complaint lodged by the second respondent, the present F.I.R., came to be registered.

4. The case of the petitioner is that he was appointed as Booth Level Officer in Mankudi in the parliamentary election held on 19.04.2024, that in view of the repair in the EVM machines, the election was started belatedly, that the responsible officers used to visit the booths as per Rules, that the officers have not provided any wheelchair to the disabled persons enabling them to vote and hence, the petitioner has shared his personal views regarding the above deficiency and not providing wheelchair through Whats App message to Taluk Admin-TPVM group to address the issue to higher officials, that the second respondnet after seeing the message of the petitioner by violating the route chart map protocol, came to Mankudi booth directly neglecting Ambalathadi booth, that the second r