T.Velmurugan v. The State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.03.2022 CORAM :

THE HONOURABLE MR. JUSTICE A.D.JAGADISH CHANDIRA Crl.O.P.No.4188 of 2022 and Crl.M.P.Nos.2086 & 2090 of 2022 1.T.Velmurugan 2.Palpandi 3.Vinoth 4.Dhanasekaran.

5.Ashok Kumar 6.Ramesh 7.Vikram Raj 8.Devaraj ... Petitioners Vs.

1. State represented by, The Inspector of Police, Thousand Lights Police Station, Triplicane, Chennai.

(Crime No.1460/2016)

2. S.R.G.Dhayal The Inspector of Police, Thousand Lights Police Station, Triplicane, Chennai.

... Respondents PRAYER: Criminal Original Petition is filed under Section 482 Cr.P.C., praying to call for the records and quash the charge sheet filed in C.C.No.40 of 2021 pending on the file of the Additional Special Court for Trial of Cases related to Members of Parliament and Members of Legislative Assembly of Tamil Nadu, Singaravelar Maaligai, Chennai.

For Petitioners : Mr.K.Gandhikumar For R1 : Mr.A.Gokulakrishnan Additional Public Prosecutor.

For R2 : No appearance

O R D E R

This Criminal Original Petition has been filed to call for the records and quash the charge sheet filed in C.C.No.40 of 2021 pending on the file of the Additional Special Court for Trial Cases related to Members of Parliament and Members of Legislative Assembly of Tamil Nadu, Singaravelar Maaligai, Chennai.

2. The learned counsel appearing for the petitioners would submit that the facts of the case are 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 learned Additional Public Prosecutor appearing for the first 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 and perused the materials available 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.

6. In view of the above, this Court is of the opinion that no useful purpose will be served by keeping the proceedings pending in respect of all the other accused also.

7. Accordingly, the Criminal Original Petition stands

allowed and the proceedings in C.C No. 40 of 2021, pending on the file of the Additional Special Court for Trial Cases related to Members of Parliament and Members of Legislative Assembly of Tamil Nadu, Singaravelar Maaligai, Chennai, is hereby quashed in respect of all the accused. Consequently, connected miscellaneous petitions are closed.

Sd/- Assistant Registrar(CS-IX) //True Copy// Sub Assistant Registrar nr/ham To 1.The Additional Special Court for Trial Cases related to Members of Parliament and Members of Legislative Assembly of Tamil Nadu, Singaravelar Maaligai, Chennai.

2. The Inspector of Police, Thousand Lights Police Station, Triplicane, Chennai.

3. The Public Prosecutor, High Court of Madras.

+1cc to Mr.K.Gandhi Kumar, Advocate SR.No.14691 Crl.O.P.No.4188 of 2022 and Crl.M.P.Nos.2086 & 2090 of 2022 SPD(CO) GN(17/03/2022)