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2019 DIGILAW 171 (MAD)

Velusamy v. State represented by The Sub Inspector of Police(L&O), Madurai City, Madurai

2019-01-18

A.D.JAGADISH CHANDIRA

body2019
ORDER : 1. This Criminal Original Petition has been filed by the petitioners to quash the proceedings in S.T.C.No.279 of 2014, dated 05.05.2014, on the file of the learned Judicial Magistrate No.IV, Madurai District. 2. The learned counsel for the petitioners would submit that the respondents has registered a case, conducted an enquiry and filed a final report against the petitioners for the offences punishable under Sections 143, 188, 171(H), 286 of I.P.C. He would further submit that the facts of the case is similar to the case covered in the decision reported in 2018 2 LW (Crl) 606 [Jeevanandham and others vs. The Inspector of Police Velayuthampalayam Police Station, Karur District] dated 20.09.2018. He would also submit that the registration of the case, conducting investigation and filing of the final report by the very same officer has been deprecated by the Hon'ble Apex Court in Mohanlal Vs. State of Punjab reported in CDJ 2018 SC 842. 3. The learned Additional Public Prosecutor filed a counter. He would submit that every person has right to assemble under Section 19(1) (a) and (b) of the constitution of India, whereas the petitioners failed to note that it is not the ordinary course of the day and more over when the code of conduct of the election commission was in force, it is the duty of the citizen to obey it and in the present case, the petitioners have not obtained any permission either for placing the hoardings or other articles in the road nor they have obtained permission for assembling and thereby violated Election Rules also. However, he would submit that the case has been requested by the respondent and he has conducted the investigation and filed the final report. 4. Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor appearing for the respondent. 5. The facts of this case is similar to the facts covered by the Judgment of this Court reported in 2018 2 LW (Crl) 606 [Jeevanandham and others vs. The Inspector of Police Velayuthampalayam Police Station, Karur District]. Accordingly, S.T.C.No.279 of 2014 dated 05.05.2014 on the file of the learned Judicial Magistrate No.IV, Madurai District, is hereby quashed and the Criminal Original Petition is allowed. Consequently, connected miscellaneous petitions are closed.