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2014 DIGILAW 696 (MAD)

T. Siddharthan v. State

2014-03-19

C.T.SELVAM

body2014
JUDGMENT 1. The petitioner and three others stand accused of offences under Sections 341, 353 r/w.34 and 188 IPC., in case pending trial in C.C.No.4924 of 2011, on the file of the II Metropolitan Magistrate, Chennai. 2. A case in Crime No.1011 of 2011 was registered on the file of the respondent police for offence under Sections 341, 353 r/w 34 and 188 IPC. Pursuant to investigation, a charge sheet has been filed, leading to the pendency of the case above referred to. 3. The final report informs of certain untoward behaviour by the petitioner and three others, on 12.09.2011, at about 10.30 a.m. The same informs that the petitioner and others, agitated over the suspension of a teacher in a school, misconducted themselves. The charge-sheet informs that the conduct of the petitioner was of nuisance to the public, leading as it did to blocking of traffic. The petitioner and others failed to heed advice against such conduct. The petitioner and others were arrested in connection with the case. 4. In Commissioner of Police and others vs. Sandeep Kumar [2011(4) MLJ 1006 (SC)], the Apex Court observed as follows: "10. When the incident happened, the respondent must have been about 20 years of age. At that age, young people often commit indiscretions, and such indiscretions can often been (be) condoned. After all, youth will be youth. They are not expected to behave in as mature a manner as older people. Hence, our approach should be to condone minor indiscretions made by young people rather than to brand them as criminals for the rest of their lives. In this connection, we may refer to the character 'Jean Valjean' in VICTOR HUGO'S novel 'LES MISERABLES', in which for committing a minor offence of stealing a loaf of bread for his hungry family Jean Valjean was branded as a thief for his whole life. The modern approach should be to reform a person instead of branding him as a criminal all his life. (sic)" 5. The present case is one where over exuberance stemming from the vigour of youth has led to the petitioner and others suffering the rigour of arrest. Nothing more is necessary. The Criminal Original Petition shall stand allowed. The proceedings in C.C.No.4924 of 2011, on the file of the Metropolitan Magistrate Court, Egmore, Chennai, shall stand quashed. Consequently, connected miscellaneous petition is closed.