These Criminal Original Petitions have been filed, invoking Section 482 Cr.P.C., seeking orders to call for the records in C.C.No.306 of 2018 and C.C.No.308 of 2018 pending on the file of the Court of the Judicial Magistrate, Valliyoor, and quash the same.

2.The petitioner is the accused No.15 in C.C.No.306 of 2018 and the accused No.16 in C.C.No.308 of 2018 pending on the file of the Court of the Judicial Magistrate, Valliyoor.

3.In Crl.O.P.(MD)No.8680 of 2019, on the basis of the complaint lodged by the second respondent, FIR came to be registered in Crime No. 50 of 2018 against seven persons for the alleged offences under Sections 143, 188, 353, 286 IPC, Section 3-A of TN Town Nuisance Act, 1889 and Section 3 of the Noise Pollution (Regulation and Control) Rules 2000.

4.The first respondent after completing the investigation, has laid a final report dated 30.01.2018 under Section 173 Cr.P.C. against 22 accused arraying the petitioner as the accused No.15 for the alleged offences under Sections 143, 188, 353, 286, 290, 291 IPC, Section 3-A of TN Town Nuisance Act, 1889 and Section 3 of the Noise Pollution (Regulation and Control) Rules 2000 and the case was taken on file in C.C.No.306 of 2018 and the same is pending on the file of the learned Judicial Magistrate, Valliyoor.

5.In Crl.O.P.(MD)No.8681 of 2019, on the basis of the complaint given by the second respondent therein, FIR came to be registered in Crime No.53 of 2018 against six named persons and others for the alleged offences under Sections 143, 188, 290, 291, 353, 286 IPC, Section 3-A of TN Town Nuisance Act, 1889 and Section 3 of the Noise Pollution (Regulation and Control) Rules 2000.

6.The first respondent, after completing the investigation, has filed a final report dated 30.01.2018 under Section 173 Cr.P.C. against 29 persons arraying the petitioner as the accused No.16 for the alleged offences under Sections 143, 188, 290, 291, 353, 286 IPC, Section 3-A of TN Town Nuisance Act, 1889 and Section 3 of the Noise Pollution (Regulation and Control) Rules 2000 and the case was taken on file in C.C.No.308 of 2018 and the same is pending on the file of the learned Judicial Magistrate, Valliyoor.

7.Admittedly, the petitioner is a Village Administrative Officer (VAO) and at the relevant point of time, he was working as a Village Administrative Officer (VAO) at South Karunkulam, Radhapuram Taluk, Tirunelveli District.

8.In Crime No.50 of 2018, the case of the prosecution is that on

23.01.2018 at about 02.00 a.m., accused 1 to 22 had assembled illegally at the Hanuman River and exploded fire crackers without any permission and without taking any safety measurements and violating the rules regarding the pollution control and thereby, the accused disturbed the public peace and prevented the Government servants from discharging their duties.

9.In Crime No.53 of 2018, the prosecution case is that on

24.01.2018 between 00.55 a.m. and 01.20 a.m., accused 1 to 29 had assembled illegally at the Hanuman River and exploded fire crackers without any permission and without taking any safety measurements and violating the rules regarding the pollution control and thereby, the accused disturbed the public peace and prevented the Government servants from discharging their duties.

10.In both the cases, the prosecution has alleged that Thaipusam festival was going on in Panagudi Arulmigu Ramalingaswamy Udanurai Sivakami Ammbal and Shri Narasinga Perumal Kovil temple from 21.01.2018, that though the police authorities have directed the Uravin Murai Nadar community people to burst the crackers between 09.00 p.m. and 10.00 p.m. on 22.01.2018 and also directed the Adhi Dravidar community people to burst the crackers between 09.00 p.m. and 10.00 p.m. on 23.01.2018, they have exploded the crackers between 00.40 and 01.15 hours on 23.01.2018 and between 00.55 and 01.20 hours on 24.01.2018 respectively, that despite the defacto complainant and other police officials had informed them about the