IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 15.04.2010
CORAM:
THE HONOURABLE MR. JUSTICE C.T.SELVAM
Crl.O.P. No. 11868 of 2007
and
M.P. No. 1 of 2007
1.Chakrapani
2.Chinnadurai
3.Rajendran
4.Danasekaran
5.Kaandeepan
6.Asokan
7.Arulprakasam
8.Venkitesan
9.Ilayaraja
10.Sarasu .. Petitioners
-vs-
The State by
Sub-Inspector of Police
Muthandikuppam Police Station
Cuddalore District.
Crime No. 47 of 2007 .. Respondent
Prayer: Criminal Original Petition is filed under Section 482 Cr.P.C. to call for the records relating to the complaint registered in Crime No. 47 of 2007, on the file of the Sub-Inspector of Police, Muthandikuppam Police Station, Cuddalore District and quash the same.
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For Petitioners : M/S. P.V.Rajeswari
For Respondent: Mr. J.C.Durairaj , Govt. Advocate(Crl. Side)
O R D E R
The petitioners, who are arrayed as accused of offences under Sections 147, 148, 324, 336, 506(2) I.P.C. in Crime No. 47 of 2007, on the file of the respondent police, seek the relief of quash.
2. The petitioners have informed that the complaint against them has been preferred by one Parivallal, claiming to be the president of Kattukoodalur Village, to which village, the petitioners belong. On 25.03.2007, at about 5.00 p.m., the complainant along with the village people has assembled in the land belonging to Arulmighu Aiyyanar and Pidariamman temple of the village and when they were inspecting the land for the purpose of construction of a school, all the accused abused the defacto complainant and other persons, sprayed chilly powder and threw stones and intimidated the persons present by showing an iron rod. The petitioners are alleged to have done so on the assumption that the land belonged to them. The petitioners allege that the complaint has been falsely filed against them, as they failed to heed the request of the defacto complainant to hand over the land for the construction of school and also failed to meet the demand of money for such purpose. The stand of the petitioners led to the defacto complainant and his men attacking them and the petitioners were grievously injured. The complaint of such occurrence had been filed and registered by the respondent police in Crime No. 47 of 2007. The present petitioners contend that the present crime alleged against them is only a counter blast to the case preferred by them. The learned counsel for the petitioners submits that a false case has been foisted against the petitioners.
3. A reading of the First Information Report makes it clear that the allegations against the petitioners are absolutely vague and no specific overtact stand attributed to any of them.
4. The learned Government Advocate would submit that in the counter case, the charge sheet has been filed for offences under Sections 146, 147, 148, 433, 435, 323, 324, 307 I.P.C.
5. On consideration, I find that the contention of the learned counsel for the petitioners are well founded. The case preferred by the petitioners has been registered as the immediate previous crime and therein, the charge sheet has also been filed for a several severe offences. Given the more severe offences committed by the defacto complainant party and the vagueness of the allegations in the
C.T.SELVAM,J.
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complaint filed against the present petitioners, the submission that the present case has been filed only as a counter blast, to that preferred by the petitioners would have to be accepted.
6. Accordingly, this criminal original petition shall stand allowed. The case registered in Crime No. 47 of 2007, on the file of the Sub-Inspector of Police, Muthandikuppam Police Station, Cuddalore District, shall stand quashed. Consequently, the connected miscellaneous petition is closed.
15.04.2010
kj
Index:Yes/No
Internet:Yes/No
To
The State by
Sub-Inspector of Police
Muthandikuppam Police Station
Cuddalore District.
Crime No. 47 of 2007
Crl.O.P. No. 11868 of 2007
and M.P. No. 1 of 2007