IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 08.04.2022

CORAM:

THE HON'BLE MR.JUSTICE SATHI KUMAR SUKUMARA KURUP

Crl.O.P.No.4809 of 2019

and

Crl.M.P.No.2837 of 2019

A.Shylendar

... Petitioner/Accused 3

Vs.

The State of Tamil nadu

Represented by Inspector of Police

F-3 Nungambakkam Police Station

Nungambakkam, Chennai

Crime No.745 of 2016.

... Respondent/Complainant

PRAYER: Criminal Original Petition has been filed under Section

482 of Cr.P.C, praying to call for the records relating to the

C.C.No.6704 of 2017, pending on the file of the XIV Metropolitan

Magistrate, Egmore, Chennai and quash the same.

For Petitioner : Mr.R.Vivekanandan

For Mr.M.Palanivel

For Respondent : Mr.R.Vinothraja

Government Advocate (Crl.Side)

ORDER

This petition has been filed to call for the records

relating to the C.C.No.6704 of 2017, pending on the file of the

XIV Metropolitan Magistrate, Egmore, Chennai and quash the same.

2. The learned counsel for the Petitioner submitted

that this case was registered by the Police on 15.05.2017, when

the Petitioner is alleged to have organized a protest in front

of Sasthiri Bhavan at Nungambakkam High Road, raising slogan

against the Government of India. Therefore, a case was

registered under Sections 341, 143 and 188 IPC. Further, the

learned counsel for the Petitioner draw attention of this Court

to the 161 statement of the Head Constable of Nungambakkam

Police Station and the relevant portion at Page No.11, which

reads as follows:-

https://hcservices.ecourts.gov.in/hcservices/

“////fiye;J bry;Y';fs; vd mwpt[Wj;jpa[k;. eP';fs; bjhlh;e;J ,nj

braypy; <Lgl;Lf; bfhz;oUe;jhy; c';fis ifJ bra;a nehpLk; vd;W mwpt

[Wj;jpaJk;. mjid Vw;W fiye;J brd;wth;fis jtpu mij nfshky; bjhlh;e;J

,f;Fw;wbraypy; <Lgl;Lf;bfhz;oUe;j vjphpfs; A1-ilrd; M-t 27 j-bg/khh;od;

A2-mUs;Fkhh; M-t27. j-bg Jiuuh$;. A3-irnye;jh; M-t27. j-

bg/mg;gh;. A4-fe;jrhkp M-t 23. j-bg/ntyha[jk;. A5-Mde;ghg[ M-t 27. j-

bg/u';fehjd;. A6-tp$a; M-t 24. j-bg/KUfd;. A7-nfhghy; M-t 20 j-

bg/Fkud;. A8-jkpH; M-t 24 j-bg/Re;jh;. Mfpnahh;fis xd;W nrh;e;J mjpf

nfhrk; vGg;gp bfhz;L murpd; cj;juit kjpf;fhkYk; muR CHpah;fis gzp

bra;a tplhky; jLj;Jk; Mh;ghl;lk; bra;J bghJ kf;fSf;F nghf;Ftuj;jpw;Fk;

,ila{W bra;J rl;lj;jpw;F tpnuhjkhd Fw;w braypy; <Lgl;lhh;fs; kPJ tHf;F

gjpt[ bra;jPh;fs;/ ,J rk;ke;jkhf 15/05/2017-k; njjp jh';fs; vd;id tprhhpf;f

ele;j tptuj;ij Twpndd;/”

3. He further submitted that on perusal of the said

statements, it is seen that the Petitioner has not committed any

offence as alleged by the prosecution. Hence, the Petitioner has

filed this petition, seeking to quash the charge sheet on the

ground that no offence had been made out. It is nothing but an

abuse of provision of Cr.P.C., and abuse of process of the

Court. In support of this contentions, he placed reliance on the

order of this Court in the case of Dr.Dasthagiri Reddy and

others, vs. Stae Rep. by The Inspector of Police and another,

Crl.O.P.No.17741 of 2019 dated 01.08.2019.

4. In view of the above submissions and the order

referred supra, this Court is inclined to allow this petition.

Accordingly, this petition is allowed Consequently, C.C.No.6704

of 2017 pending on the file of the learned XIV Metropolitan

Magistrate, Egmore is quashed. Consequently, connected

Miscellaneous Petition is closed.

Sd/-

Assistant Registrar(CO)

//True Copy//

Sub Assistant Registrar

dna

To

1. The XIV Metropolitan Magistrate, Egmore, Chennai.

2.-do- The Chief Metropolitan Magistrate, Egmore, Chennai.

https://hcservices.ecourts.gov.in/hcservices/

3. The Inspector of Police

F-3 Nungambakkam Police Station

Nungambakkam, Chennai

Crime No.745 of 2016.

4. The Public Prosecutor

High Court, Madras.

+1cc to Mr.M.Palanivel, Advocate, S.R.No.24782

Crl.O.P.No.4809 of 2019 and

Crl.M.P.No.2837 of 2019

SSI(CO)

CT 05/05/2022

https://hcservices.ecourts.gov.in/hcservices/