Allowed

Mubarak Ali v. The Inspector of Police

Madras HC20 Mar 2023CRL OP(MD)/1345/2021

Case brief

AI extract

What is this about?

This Criminal Original Petition under Section 482 CrPC sought quashing of a chargesheet filed under Sections 147, 188, and 353 of IPC. The Court held that no prior sanction was obtained for Section 188, and facts did not substantiate allegations under Sections 147 and 353 IPC, leading to the quashing of the chargesheet.

What did the court decide?

Chargesheet in S.T.C.No.1840 of 2019 quashed and connected miscellaneous petition closed.

Mubarak Ali Vs The Inspector of Police — Quashing and FIR | Madras HC (2023)

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Crl.O.P(MD).No.1345 of 2021

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED: 20.03.2023

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CORAM:

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THE HONOURABLE MRS. JUSTICE R.THARANI Crl.O.P(MD).No.1345 of 2021 and Crl.M.P.(MD)No.644 of 2021

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1.Mubarak Ali

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2.Riyas

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3.Rabeek

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4.Mohammed Rafiq

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5.Usen ...Petitioners

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1.State rep. By the Inspector of Police, E4 GRH Police Station, Madurai City. (Crime No.27 of 2015)

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2.D.Kalaiyarasan,

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Special Sub Inspector of Police, E4 GRH Police Station, Madurai City. Respondents

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PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, praying this Court to call for the records pertaining to the proceeding in S.T.C.No.1840 of 2019 on the file of the Judicial Magistrate Court, No.II, Madurai and quash the same as illegal.

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For Petitioners : Mr.D.Senthil For 1^st Respondent : Mr.M.Sakthi Kumar Government Advocate (Crl. Side)

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https://www.mhc.tn.gov.in/judis

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Crl.O.P(MD).No.1345 of 2021

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ORDER

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This petition is filed to quash the chargesheet in S.T.C.No.1840 of 2019

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on the file of the Judicial Magistrate Court, No.II, Madurai.

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2.The case against the petitioner is that the defacto complainant who was working as a Sub Inspector of Police, lodged a complaint before the first respondent stating that on 19.10.2015 at about 21.30 hours, when taking an accused to the Police Station in connection with Crime No.859 of 2015, the petitioner and others were conducting demonstration in front of the Police van parked at the emergency ward, Government Rajaji Hospital, Madurai. Hence, the Police registered a case against the petitioner and one another person in Crime No.27 of 2015 under Section 147, 188, 353 of IPC and the chargesheet was taken on file as S.T.C.No.1840 of 2019.

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3.On the side of the petitioners, it is stated that no prima facie case was made out against the accused and the case is registered only due to personal grudge and the same is to be quashed. It is stated that under Section 188 of IPC, there was no specific allegation against the petitioners. All the petitioners are members of Muslim Association and they were not involved in any such offence. There was no specific allegation against the petitioners under Sections 147, 353 of IPC. The petitioners are innocent coolie workers and the https://www.mhc.tn.gov.in/judis

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Crl.O.P(MD).No.1345 of 2021

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case in S.T.C.No.1840 of 2019 is to be quashed.

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4.On the side of the petitioners, it is stated that the respondent has no power to register a FIR. Only a private complaint can be registered against the petitioners. In support of this contention, a judgment of this Court in the case of Jeevanandham and others v. State reported in 2018 2 Law Weekly (Cri) 606 is cited.

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5.On the side of the petitioners, it is further stated that except that the petitioners assembled infront of the hospital, no other offence is made out against the petitioners.

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6.On the side of the respondents, it is stated that an accused in Crime No.859 of 2015 is involved in the offence under Explosives Act and PPDL Act was arrested. Before producing him before the learned Judicial Magistrate, the authorities went to the hospital to get the accused tested and at the time, the petitioners and their friends raised slogans against the police and hence, a case under Sections 147,188 and 353 of IPC was registered against the petitioners.

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https://www.mhc.tn.gov.in/judis

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Crl.O.P(MD).No.1345 of 2021

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7.It is seen that Section 188 of IPC is not cognizable offence and a prior

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sanction is necessary. However, no such prior sanction was obtained by the police to register the case under Section 188 of IPC.

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8.Section 353 of IPC reads as follows:

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" Whoever assaults or uses criminal force to any person

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being a public servant in the execution of his duty as such public servant, or with intent to prevent or deter that person from discharging his duty as such public servant, or in consequence of anything done or attempted to be done by such person to the lawful discharge of his duty as such public servant, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.”

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9.It is seen that except that the petitioners raised slogans, no other allegation was raised against them. Hence, Section 353 of IPC is not made out. The occurrence place is a hospital. More than that 147 is a penal Section and the offence under Section 146 was not mentioned in the criminal records. Hence, a case under Section 147 of IPC is not maintainable.

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10.For the above reasons, it is decided that this is a fit case to be

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https://www.mhc.tn.gov.in/judis

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Crl.O.P(MD).No.1345 of 2021

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quashed. Hence, this Criminal Original Petition is allowed and the chargesheet in S.T.C.No.1840 of 2019 is hereby quashed. Consequently, connected miscellaneous petition is closed.

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20.03.2023

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NCC : Yes/No Internet : Yes/No Index : Yes/No Mrn

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1.The Inspector of Police, E4 GRH Police Station, Madurai City.

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2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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Crl.O.P(MD).No.1345 of 2021

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R. THARANI,J.

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Mrn

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Crl.O.P(MD).No.1345 of 2021

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20.03.2023

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https://www.mhc.tn.gov.in/judis

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Mubarak Ali v. The Inspector of Police

Case brief

What is this about?

What did the court decide?

Mubarak Ali v. The Inspector of Police

Case brief

What is this about?

What did the court decide?

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