In this matter, the Madurai Bench of the Madras High Court allowed a Criminal Original Petition filed under Section 482 CrPC to quash proceedings. The Court held that no offence was made out in view of the provisions of Section 7 of the Criminal Law (Amendment) Act, 1932.
The Criminal Original Petition is allowed and the connected M.P. is closed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
1
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 28.04.2014
CORAM:
THE HONOURABLE Mr.JUSTICE G.M.AKBAR ALI
Crl.O.P.(MD)No.6227 of 2014 and M.P.(MD)No.1 of 2014
Suriyabagavandas
... Petitioner
Vs.
The Inspector of Police, E.3, Anna Nagar Police Station, (L & O), Madurai City. ...
... Respondent
PRAYER : Petition is filed under Section 482 of the Code of Criminal Procedure, to call for the records in C.C.No.279 of 2012 pending on the file of the learned Judicial Magistrate No.VI, Madurai and to quash the same as illegal.
For Petitioner : Mr.C.Arul Vadivel Alias Sekar For Respondent : Mr.A.P.Balasubramani, Government Advocate (Crl. Side)
O R D E R
Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.side) appearing for the respondent.
2.The Criminal Original Petition is filed to quash the proceedings in C.C.No.279 of 2012 pending on the file of the learned Judicial Magistrate No.VI, Madurai.
3.The case of the prosecution is that the petitioner formed unlawful assembly. Therefore, the present case has been registered by the respondent Police.
4.The learned counsel for the petitioner would submit that none of the offence would attract the petitioner and the learned counsel pointed out that under Section 7 of the Criminal Law (Amendment) Act, 1932, relates to molesting a person to prejudice of employment or business.
5.The learned Government Advocate (Crl.side) submitted that the above said offences are made out and charge sheet has also https://hcservices.ecourts.gov.in/hcservices/ been filed and the same is taken on file.
2
6.Section 7 of the Act reads as follows:
"(1)Whoever -
(a)with intent to cause any person to abstain from doing or to do any act which such person has a right to do or to abstain from doing, obstructs or uses violence to or intimidates such person or any member of his family or person in his employ, or loiters at or near a place where such person or member or employed person resides or works or carries on business or happens to be, or persistently follows him from place to place, or interferes with any property owned or used by him or deprives him of or hinders him in the use thereof, or
(b)loiters or does any similar act at or near the place where a person carries on business in such a way and with intent that any person may thereby be deterred from entering or approaching or dealing at such place, shall be punished with imprisonment for a term which may extend to six months, or with fine which may extend to five hundred rupees, or with both.
(2)No Court shall take cognizance of an offence punishable under this section except upon a report in writing of facts which constitute such offence made by a police officer not below the rank of officer in charge of a police station."
7.From the contents of the charge sheet, this Court is of the opinion no offence is made out in view of the above said provisions, which warrant interference of this Court. The Criminal Original Petition is allowed. Consequently, connected M.P.is closed.
Sd/-
Assistant Registrar(T & P)
/True Copy/
Sub-Assistant Registrar
To
https://hcservices.ecourts.gov.in/hcservices/ msm 01.07.2014 p2/5c Crl.O.P.(MD)No.6227 of 2014 nbj 28.04.2014
2 issues framed by the court
Whether the ingredients of Section 7 of the Criminal Law (Amendment) Act, 1932 are made out in the factum of the charge sheet.
Whether Section 482 CrPC warrants interference in the proceedings of C.C.No.279 of 2012.
2 provisions across 2 enactments
Suriyabagavandas
The Inspector of Police, E.3, Anna Nagar Police Station, (L & O), Madurai City
G.M.Akbar Ali
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
