IN THE HIGH COURT OF JUDICATURE AT MADRAS
MR.JUSTICE SUNDER MOHAN, J
V.Shanmuga Ananth @ Chandru – Appellant
Versus
State of Tamilnadu – Respondent
| Table of Content |
|---|
| 1. charges do not indicate assault or criminal intent. (Para 1 , 2) |
| 2. arguments revolve around the applicability of section 353 ipc. (Para 4 , 5) |
| 3. court's decision based on interpretation of lack of evidence for assault. (Para 6) |
O R D E R
This Criminal Original Petition has been filed to quash the final report in P.R.C.No.319 of 2023, on the file of the learned Judicial Magistrate No.III, Tirunelveli, filed against the petitioner for the offence punishable under Section 353 of the IPC .
2. The allegation in the final report is that when the second respondent, Sub Inspector of Police, Thalaiyuthu Police Station, along with his team, attempted to apprehend one Subash, arrayed as A1, standing on the road in a suspicious manner, the petitioner and two others, who are his friends, prevented the police from apprehending the said Subash; and that thereafter, the said Subash took a knife and threatened the police, which was videographed by the Sub Inspector of Police. 3. The learned counsel for the petitioner would submit that in the impugned final report, the only charge against the petitioner is under Section 353 of the IPC ; that there is no allegation that the petiti
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