Sivalingam v. The State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 12.01.2024

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH and Crl.M.P.No.346 of 2024 1.Sivalingam 2.Kanagavel 3.Amirthalingam 4.Thangavel 5.Navvenkumar 6.Murugesan 7.Annadurai 8.Balasubramaniyam 9.Ganesan 10.Perumal 11.Bharathikannan 12.Eswaramoorthi 13.Elango 14.Pravinkumar 15.Seenivasan 16.Thangaraj 17.Sekar 18.Ganesan 19.Shanmugavalli 20.Vinisha 21.Lalitha 22.Rani

...Petitioners

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The State represented by Inspector of Police, Malayampalayam Police Station, Erode District.

(Crime No.39 of 2022) ... Respondent PRAYER : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, 1973, praying to call for the records pertaining to STC No.444 of 2023 pending on the file of the District Munsif cum Judicial Magistrate, Kodumudi and to quash the same.

For Petitioners :

Mr.K.C.Karl Marx For Respondent :

Mr.A.Gopinath Government Advocate (Crl.side) *****

O R D E R

This Criminal Original Petition has been filed seeking to quash the proceedings in STC No.444 of 2023 pending on the file of the District Munsif cum Judicial Magistrate, Kodumudi.

2. Heard Mr.K.C.Karl Marx, learned counsel for petitioners and Mr.A.Gopinath, learned Government Advocate [Crl.Side], appearing for respondent.

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3. The facts of this case is covered by the reported judgment of this Court in 2018 2 LW (Crl) 606 [Jeevanandham and others Vs. State Rep. by Inspector of Police and another].

Accordingly, this Criminal Original Petition is allowed and the proceedings in STC No.444 of 2023 pending on the file of the District Munsif cum Judicial Magistrate, Kodumudi, is hereby quashed. Consequently, connected miscellaneous petition is closed. 12.01.2024 Index : Yes/No Speaking order:Yes/No gm To 1.The District Munsif cum Judicial Magistrate, Kodumudi.

2.The Inspector of Police, Malayampalayam Police Station, Erode District.

3.The Public Prosecutor, High Court, Madras.

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N.ANAND VENKATESH, J gm 12.01.2024 4/4