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Madras High CourtCRL OP/213/2024allowed

Varadharajan v. The Sub Inspector Of Police

2024-01-05Honourable Mr Justice N. Anand Venkatesh4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 05.01.2024

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Crl.O.P.No.213 of 2024 Varadharajan ... Petitioners Vs.

The Sub-Inspector of Police, Veppur Police Station, Chennai District.

(Crime No.377 of 2021)

...Respondent

PRAYER : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for the records in STC No.1023 of 2021 and quash the same pending on the file of the Judicial Magistrate-I, Viruthachalam. For Petitioner : Mr.P.Muthamizh Selvakumar For Respondent : Mr.A.Gopinath Government Advocate 1/4

O R D E R

This petition has been filed challenging the proceedings in STC No.1023 of 2021 pending on the file of the Judicial Magistrate-I, Viruthachalam. 2.Heard the learned counsel for the petitioner and the learned counsel appearing on behalf of the respondent.

3.The petitioner is facing prosecution under Section 7[1][a] of Criminal Law Amendment Act, 2005. The case of the prosecution is that the petitioner was standing near the bus stop and there was a suspicion that he was waiting their only to threaten and take money from the general public. This led to the registration of the FIR which culminated in the filing of the final report. 4.The issue involved in the present case is squarely covered by the earlier orders passed by this Court in Crl.O.P.No.17535 of 2023, dated 07.08.2023. This order was passed by relying upon the earlier order in Crl.O.P.No.19152 of 2022, dated 25.08.2022.

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5.In view of the above, STC No.1023 of 2021 pending on the file of the Judicial Magistrate-I, Viruthachalam, is hereby quashed and the criminal original petition stands allowed.

05.01.2024 Index : Yes/No Internet : Yes/No Speaking/Non-Speaking Order ssr To 1.The Judicial Magistrate-I, Viruthachalam.

2.The Sub-Inspector of Police, Veppur Police Station, Chennai District.

3.The Public Prosecutor, High Court, Madras.

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N.ANAND VENKATESH, J ssr Crl.O.P.No.213 of 2024 05.01.2024 4/4