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Madras High CourtCRL OP/4850/2022allowed

M.Muralidharan v. State Rep By

2022-03-03Honourable Mr Justice A.D.Jagadish Chandira2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :03.03.2022 CORAM :

THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA Crl.O.P.No.4850 of 2022 and Crl.M.P.No.2546 of 2022 M.Muralidharan

...Petitioner/Accused No.16

-Vs1.State represented by Inspector of Police, G-1 Vepery Police Station, Chennai - 600 007.

2.Santhana Marimuthu

...Respondents/Complainant/

Defacto Complainant Prayer : Criminal Original Petition is filed under Section 482 of the Criminal Procedure Code, praying to call for the records in C.C.No.8029 of 2017 on the file of learned IInd Metropolitan Magistrate Court, Egmore and quash the same.

For Petitioner :

Mr.K.Chandru For Respondent :

Mr.A.Gokulakrishnan Additional Public Prosecutor for R1

ORDER

This petition has been filed seeking to call for the records in C.C.No.8029 of 2017 on the file of learned IInd Metropolitan Magistrate Court, Egmore and quash the same.

2.The learned counsel appearing for the petitioner 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 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.

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3.The learned Additional Public Prosecutor appearing for the 1st respondent would submit that the facts of the case are similar to the facts covered under the Judgment referred above. 4.Heard both sides and 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.

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.8029 of 2017 on the file of the learned IInd Metropolitan Magistrate, Egmore is hereby quashed in respect of all the accused. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar (CS-III) //True Copy// Sub Assistant Registrar jas/tsh To 1.The IInd Metropolitan Magistrate, Egmore, Chennai 2.The Inspector of Police, G-1 Vepery Police Station, Chennai - 600 007. 3.The Public Prosecutor, High Court, Madras.

+1cc to Mr.K.Chandru, Advocate SR. No.14274 Crl.O.P.No.4850 of 2022 and Crl.M.P.No.2546 of 2022 NMI (CO) PR (24/03/2022) https://hcservices.ecourts.gov.in/hcservices/