On the complaint lodged by Usha Nandhini, Tahsildar, the respondent police have registered a case in Crime No.50 of 2017 on 29.04.2017 under Sections 147, 294(b) and 332 IPC against Ramakrishnan and four others. Challenging which, the accused are before this Court.
2. Heard the learned counsel for the petitioners and the learned Government Advocate for the 1st respondent.
3. The learned counsel for the petitioners/accused submitted that there are no specific overt act alleged against the petitioners and therefore, the FIR deserves to be quashed.
4. Per contra, the learned Government Advocate (Crl. side) refuted the allegations.
5. A reading of the FIR shows that when the Tahsildar and other revenue officials went to the TASMAC shop, where there was a protest by public, the petitioners herein had formed into an unlawful assembly and had pelted stones on the Tahsildar and other revenue officials resulting in injuries to him. When once, the unlawful assembly is formed, any offence committed by a member of an unlawful assembly can be related to the other members of the assembly vicariously. Therefore, when there are prima facie materials in the FIR, the same cannot be quashed in the light of the law laid down by the Hon'ble Supreme Court in the State of Haryana and others v. Bhajan Lal and others reported in 1992 Supp (1) SCC 335. Accordingly, this petition is dismissed. Consequently connected Miscellaneous Petition is closed.
To:
1.The Special Sub Inspector of Police, Aravayal Police Station, Sivagangai District
2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai..