Dasthagiri Reddy Vs Inspector of Police

Common Prayer : Criminal Original Petitions filed under Section 482 Cr.P.C., to call for the records in STC.No.1241 of 2017, C.C.Nos.104, 103 of 2017 and pending trial before the learned Judicial Magistrate No.II Puducherry and quash the same.

¶46

For Petitioners: Mr.R.Vivekananthan (in all cases) For Respondents: Mr.M.V.Ramachandramurthy (in all cases) Additional Public Prosecutor (Puducherry) for R1 No appearance for R2

¶47

__________ Page2 of 6

¶48

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

¶49

CRL OP No. 17826 of 2023

¶50

COMMON ORDER

¶51

These Criminal Original Petitions have been filed seeking to quash the proceedings in STC No.1241 of 2017, C.C.Nos.103 and 104 of 2017 pending on the file of learned Judicial Magistrate II, Puducherry.

¶52

Heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the first respondent. Perused the materials available on record.

¶53

The case of the prosecution is that on 27.07.2015 between 8.00 a.m., and 4.30 p.m., the accused persons joined together and formed an unlawful assembly and wrongfully restrained the defacto complainants in their office at Pondicherry University and prevented them from performing their official duties and also threatened the defacto complainants with criminal intimidation.

¶54

Based on the complaints lodged by the second respondent, the first respondent filed final reports and the same have been taken cognizance by the Trial Court for the offences punishable under Sections 147, 341, 353, 332, 109 of IPC read with Section 149 of IPC.

¶55

Page3 of 6

¶56

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

¶57

CRL OP No. 17826 of 2023

¶58

On perusal of the entire materials, particularly the statements of the witnesses, it is seen that, except for a general allegation that the mob entered the premises and the naming one or two persons working in the University, only vague and omnibus allegations have been made against the students and nonteaching staff. No material has been placed on record to show that any identification parade was conducted. The alleged occurrence took place during a protest against the appointment of the Vice Chancellor and the final report does not disclose the specific identity of the offenders. It is further seen that the occurrence is of the year 2015 and even after the lapse of several years, no substantial progress has been made in these cases. Many of the accused still remain absconding and summons have not been served. Even if the entire materials collected by the prosecution are taken as proof, the same would not constitute the offences alleged. Hence, continuation of the proceedings would be a burden not only on the prosecution but also on the Court.

¶59

It is also relevant to note that a learned Single Judge of this Court, in a connected matter in Crl.O.P.No.19868 of 2023, arising out of the same issue, has already quashed the final report in respect of one of the accused. Though some of the accused have not filed any quash petitions, in view of the reasons stated above, in order to secure the ends of justice, the proceedings cannot be allowed to continue against any of the accused.

¶60

Page4 of 6

¶61

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

¶62

CRL OP No. 17826 of 2023

¶63

Considering the above facts and circumstances of the case and the

¶64

nature of allegations, this Court is inclined to quash the proceedings in STC No.1241 of 2017 and C.C.Nos.103 and 104 of 2017.

¶65

Accordingly, the proceedings in STC No.1241 of 2017, C.C.Nos.103 and 104 of 2017 pending on the file of learned Judicial Magistrate II, Puducherry, is hereby quashed as against all the accused persons and accordingly, these Criminal Original Petitions are allowed. Consequently, connected miscellaneous petitions are closed.

¶66

21-04-2026

¶67

Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No LPP

¶68

To

¶69

1.The Judicial Magistrate No.II, Puducherry. 2.The Inspector of Police Kalapet Police Station, Puducherry. 3.The Public Prosecutor, High Court of Madras, Chennai.

¶70

__________ Page5 of 6

¶71

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

¶72

CRL OP No. 17826 of 2023

¶73

G.K.ILANTHIRAIYAN J.

¶74

LPP

¶75

Crl.O.P Nos.17826, 17829 & 17836 of 2023