P.Vivek v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :15.02.2022 CORAM :

THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA Crl.O.P.No.3161 of 2022 P.Vivek

...Petitioner/ Accused No.6

-Vs1.State rep by, The Inspector of Police, Sendamangalam Police Station, Namakkal.

(Crime No.64 of 2016).

2.S.Karuppaiah ..Respondents/ Complainant/ Defacto Complainant Prayer : Criminal Original Petition is filed under Section 482 of the Criminal Procedure Code, pleased to call for the records in Crime No.64 of 2016, on the file of the 1st respondent and quash the same.

For Petitioner :

Mr.W.Camyles Gandhi For Respondents :

Mr.A.Gokulakrishnan Additional Public Prosecutor for R1 No appearance for R2

ORDER

This Criminal Original Petition has been filed to quash the proceedings in Crime No. 64 of 2016 on the file of the 1st respondent Police.

2.The learned counsel appearing for the petitioner would submit that the facts of the case are exactly similar to the case covered in the decision reported in 2018 2 LW (Crl) 606 [Jeevanandham and others vs. The Inspector of Police Velayuthampalayam Police Station, Karur District] dated 20.09.2018 and in the case of Sri Raja vs Inspector of Police, Sivakasi Town Police Station Virudhunagar District and other in batch of cases in Crl.O.P(MD) No.7922 of 2019 dated 30.08.2019 3.The Additional Public Prosecutor appearing for the https://hcservices.ecourts.gov.in/hcservices/

1st respondent would submit that the facts of the case are similar to the facts covered under the Judgment referred above. 4.Heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the 1st respondent. Perused the materials on record 5.The facts of this case is similar to the facts covered by the Judgment of this Court reported in 2018 2 LW (Crl) 606 [Jeevanandham and others vs. The Inspector of Police Velayuthampalayam Police Station, Karur District] dated 20.09.2018 and in case of Sri Raja vs Inspector of Police, Sivakasi Town Police Station Virudhunagar District and other in batch of cases in Crl.O.P(MD) No.7922 of 2019 dated 30.08.2019. Accordingly, the proceedings in Crime No. 64 of 2016 dated 03.03.2016 on the file of the 1st respondent police is hereby quashed insofar as the petitioner alone and the Criminal Original Petition is allowed.

Sd/- Assistant Registrar(CS-IX) //True Copy// Sub Assistant Registrar jas/tsh To 1.The Inspector of Police, Sendamangalam Police Station, Namakkal.

(Crime No.64 of 2016).

2.The Public Prosecutor, High Court, Madras.

+1cc to M/s.W.Camyles Gandhi, Advocate, S.R.No.9656 Crl.O.P.No.3161 of 2022 PMK(CO) SB(03/03/2022) https://hcservices.ecourts.gov.in/hcservices/