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L. MAHALINGAM v. STATE REP BY SUB INSPECTOR OF POLICE

Supreme Court of India | Diary 27965/2021

Status

Order

Decided On

2024-11-25

Bench

HON'BLE MR. JUSTICE SURYA KANT, HON'BLE MR. JUSTICE UJJAL BHUYAN

Petitioner

L. MAHALINGAM

Respondent

STATE REP BY SUB INSPECTOR OF POLICE

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Full Judgment Text

1

IN THE SUPREME COURT OF INDIA

CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL No.4745 OF 2024 (Arising out of SLP(CRL.)No.9763 OF 2021)

L. MAHALINGAM & ORS. … APPELLANTS

Versus

STATE REP BY SUB INSPECTOR OF POLICE … RESPONDENT

O R D E R

1. Leave granted.

2. The appellants are farmers and residents of village

Chidambaranathapuram. They allegedly raised their voices against

the Village Administrative Officer (VAO) on 30.09.2009 and threw

the records the VAO was holding in his hand, while he was standing

outside his office in the village. Appellant No.1 threatened to

kill the VAO. Appellant No.2 used abusive words against him. They

also threatened to remove him from Government services, with dire

consequences.

3. After more than one month, i.e., on 11.11.2009, FIR No.

619 of 2009 was registered against the appellants on a complaint

made by the VAO under Sections 294(b), 353 and 506(i) of the IPC,

at Police Station Anaikaranchathiram, District Sirikali. It was

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followed by a chargesheet, and the Trial Magistrate framed charges

against all the appellants under Section 353 of the IPC, with a

separate charge under Section 506(i) of the IPC against appellant

No.1.

4. The Judicial Magistrate, Sirkali, vide judgment dated

02.06.2014, held that the charge under Section 353 of the IPC was

made out against the appellants as they snatched the Government

files, threw them away and threatened the VAO. However, the ...

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