Rajasekaran and 2 others vs State

S.A. Kader, J.—This is an application to quash the proceedings on the file of the XIII Metropolitan Magistrate, Egmore in respect of Crime. No. 1343/81 of D2 Anna Salai Police Station.

The Sub-Inspector of Police, D2 Anna Salai Police Station bad registered a case against the Petitioners in Crime No. 1343 of 1981 and filed a charge sheet before the Court of the XIII Metropolitan Magistrate. The allegation is that the Petitioners and others came in two cars and stopped in front of the house of one Ponnimani, who is the sister-in-law of the first Petitioner where the first Petitioner''s wife was said to be living, that one of them was armed with an aruval and that they used vulgar words against the first Petitioner''s wife and her sister. It is also alleged that they attempted to take away the wife of the first Petitioner by force. They were, therefore, charged under Ss.75 and 69 of the City Police Act. It is to quash these proceedings that this application has been filed.

S. 69 of the City Police Acts lays down that whoever not being a soldier or sailor or a Police Officer or member of a Volunteer Corps, goes armed with any sword, spear, gun or other offensive weapon in any public place, unless by leave of the Commissioner, shall be liable to be disarmed by any Police Officer, and the weapon so seized shall be forfeited to Government unless redeemed by payment of such fine not exceeding ten rupees as the Commissioner may impose. Section 69 gives power to a Police Officer to disarm a person and to forfeit the weapon. It can be redeemed by payment of a fine not exceeding ten rupees as the Commissioner may impose. There is, therefore, no question of filing a charge before a Court u/s 69 of the City Police Act. The said charge must fail.

Under S. 75(1) of the City Police Act, drunkenness or riotous or indecent behaviour must have taken place in a public place. The occurrence, in this case, has taken place within the compound of Y.E.M.C in Peters Road. This is certainly not a public place and S. 75(1) is not attracted. S. 75(2) of the Act, can be attracted only if there is any allegation of drunkenness coupled with behaviour in a violent or riotous or indecent manner. There is no allegation of drunkenness against any of the Petitioners. S. 75(2) is not also attracted.

It appears that there was a dispute between the first Petitioner and his wife, who was living away from him in the house of his sister-in-law. It is now admitted that the husband and the wife have settled their differences and they are now living happily. In the circumstances, the interests of justice do not also require further proceedings in the matter.

In the result, the petition is allowed and the proceedings on the file of XIII Metropolitan Magistrate, Egmore, in respect of Crl. No. 1343/81 of D2 Anna salai Police Station are quashed.