The High Court quashed an FIR regarding an attempt to erect an arch without permission. The court held that since no adverse consequence ensued and nothing was constructed, the prosecution need not continue, allowing the petitioners' complaint.
The impugned FIR named in Crime No.23 of 2020 is quashed.
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.
Crl O.P.(MD)No.2272 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.11.2021 CORAM
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl O.P.(MD)No.2272 of 2021 and Crl M.P.(MD)No.1147 of 2021
1.Mahalingam
2.Karan 3.Karutha Muthaiya @ Muthiya
4.Periyasamy 5.Vasimalai 6.Annakodi 7.Samayan 8.Rajaguru 9.Murugan 10.Nagaraj 11.Selvaraja 12.Nagar 13.Samayan 14.Palsamy 15.Kanthan 16.Nagaraj 17.Karuppaiya 18.Arun @ Arunkumar 19.Samayan 20.Thangappandi 21.Chelladurai 22.Mani @ Sundara Thavamani 23.Thikneshwaran 24.Kani 25.Parathiraja 26.Ramesh 27.Sundaraj @ Sundaram 28.Samayan 29.Pirabhu 30.Alex 31.Samayan 32.Mahalingam 33.Chellappan 34.Thavasi 35.Kumar 36.Rajkumar 37.Veeramani 38.Sasi @ Thavasi 39.Muthuselvam 40.Veerapathiran 41.Palsamy 42.Boopathi https://hcservices.ecourts.gov.in/hcservices/
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Crl O.P.(MD)No.2272 of 2021
43.Pandi 44.Sathuragiri 45.Karuppaiya 46.Masanam 47.Raja 48.Sarath @ Sarathkumar 49.Karikalan
All are residing at Sealnayakkanpatti, Elumalai, Peraiyur Taluk, Madurai District. ... Petitioners/Accused No.1 to 9, 11 to 35, 38 to 42, 44 to 46, 48 to 50 & 52 to 54 & 56.
Vs.
(Crime No. 23 of 2020) ... Respondent/Complainant
Village Administrative Officer,
Sealnayackanpatti,
Elumalai Circle,
Madurai District. ...2nd Respondent/Defacto Complainant
Prayer : Criminal Original Petition is filed under Section 482 Cr.P.C., to call for the records relating to Crime No. 23 of 2020 on the file of the Inspector of Police, Elumalai Police Station, Madurai District and quash the same.
For Petitioners : Mr.T.Palanisamy For Respondents : Mr.T.Senthil Kumar
Additional Public Prosecutor for R1
ORDER
This Criminal Original Petition has been filed for quashing the impugned FIR in Crime No.23 of 2020 registered on the file of Elumalai Police Station for the offences under Sections 147, 188, 153(A) IPC and Section 4 of Prevention of Damage to Public Property Act, 1984.
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Crl O.P.(MD)No.2272 of 2021
petitioner replied that no such permission has been obtained. The petitioners further filed an affidavit giving undertaking that they will not put up any arch across the public street in question. The said undertaking affidavit is taken on record. It is seen that no arch has been constructed as on date. The petitioners have only attempted to dig a foundation.
mga/csm
Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.
To
1.The Inspector of Police, Elumalai Police Station, Madurai District.
2.Village Administrative Officer, Sealnayackanpatti, Elumalai Circle, Madurai District.
3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
+1CC TO MR.T.PALANISAMY,ADVOCATE SR NO: 35601
Crl O.P.(MD)No.2272 of 2021 and Crl M.P.(MD)No.1147 of 2021 19.11.2021
PS(CO)
GC/SKN(25.11.2021) 3P 5C
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3 issues framed by the court
Whether the FIR registered for offences related to attempting to put up an arch across a public street without permission should be quashed given no construction was completed.
Whether the invocation of provisions of the Tamil Nadu Public Property (Prevention of Damage and Loss) Act, 1992 arises in the absence of adverse consequences.
If the impugned prosecution should continue in light of the undertaking given by the petitioners not to erect the arch.
6 provisions across 4 enactments
Mahalingam and others
Inspector of Police, Elumalai Police Station
J.Ramani, Village Administrative Officer
G.R.Swaminathan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
