ORDER

This Criminal Original Petition has been filed to call for the records and quash the proceedings against the petitioners/accused in C.C.No.348 of 2022 pending on the file of the learned Judicial Magistrate Court, Poonamallee.

2. The case of the prosecution is that the petitioners along with other accused persons have waylaid the lorry of the defacto complainant, abused and attacked him and robbed a sum of Rs.10,000/-. Hence, the case was registered against the petitioners along with other accused persons in Crime No.2 of 2022 for the offence punishable under Sections 341, 294,(b), 323, 324, 384, 427, 506(2) and 109 IPC. Subsequently, the 1st respondent police had conducted the investigation and filed a final report before the learned Judicial Magistrate Court, Poonamallee, in C.C.No.348 of 2022 and the same is pending. Challenging the said final report, the petitioners have approached this Court to quash the proceedings.

3. The learned counsel for the petitioner submitted that the petitioners are ranked as A3 and A4. The first petitioner is the President of All M.Samd and River Sand Lorry Owner's Federation and the second petitioner is the President of the Tamil Nadu Mineral Resource Tipper Lorry and Machinery Owner's Welfare Association. He further submitted that due to transporting over load, which is cause to accident, road damage, vehicle damage, all lorry owners are unable to get equal business opportunities and also lead to corruption. Therefore, to avoiding that also all the lorry association and its member are jointly decided to do the transport business by loading as per permitted limit as per the Government Rule, without any over load. If any lorry owners doing over transportion, immediately informed to the local police and transport officers to avoiding to the overload transportation. He further submitted that on 31.12.2021, one lorry bearing Registration No.TN 18 As 4711 transported Jalli as over load then permit limit, when it was questioned by the lorry owner's Association, the defacto complainant and his owner abused the petitioners. Further, the defacto complainant along with others have attacked the petitioners with wooden log and hands. Thereafther, the Senthil Kumar/2nd accused has given a complaint before the 1st respondent police against the defacto complainant and others in Crime No.1334 of 2021. Even, till date not filed a final report. He further submitted that they were falsely implicated in this case and there is no basic incriminating materiasl available on record. Hence, he prayed to quash the proceedings.

4. The learned Governement Advocate (Crl.Side) appearing for the

1st respondent police submitted that the investigaiton has been completed and charge sheet has also been filed and the same was taken on file in C.C.No.348 of 2022 before the learned Judicial Magistrate, Court, Poonamallee.

5. On perusal of the records, it reveals that provision of under Section 324 was not attributed against the petitioners and there is no material evidence against the petitioners that they abused the second respondent in public place by using filthy language, nor there is no witness to prima facie establish that they were gave criminal intimidation to the second respondent. It is also reveals that as a counter blast to the complaint given by the petitioners, present complaint was lodged. Further, in the present case the statement of the doctor was not tendered in evidence nor there is witnesses from public. Hence, the 1st respondent police has filed the charge sheet under Sections 341, 294(B), 323, 324, 384, 427, 506(ii) r/w 109 r/w 34 IPC against the petitioners without sufficient materials as such is vexatious one. Therefore, this Court is inclined to quash the proceedings in C.C.No.348 of 2022 pending on the file of the learned Judicial Magistrate Court, Poonamallee.

6. In the result, this Criminal Original Petition is allowed. Consequently, connected miscellaneous petition is closed. No costs.

02.02.2024 Speaki