Mohamed Ismail v. 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.4868 of 2022 and Crl.M.P.No.2564 of 2022 Mohamed Ismail ... Petitioner/Accused (A2) Vs.
The State Represented by The Sub Inspector of Police, Poraiyur Police Station, Nagapattinam (Crime No.660 of 2020) ... Respondent/Complainant Prayer: The Criminal Original Petition filed under Section 482 of the Criminal Procedure Code, pleased to call for the records in crime No.660 of 2020 on the file of the respondent-Police and quash the same.
For Petitioner : Mr.A.Raja Mohamed For Respondent : Mr.A.Gokulakrishnan Additional Public Prosecutor(Crl.Side)
ORDER
This Criminal Original Petition has been filed to quash the proceedings in Crime No. 660 of 2020 dated 27.06.2020 on the file of the respondent Poraiyur Police Station, Nagapattinam District for the offences under Sections 143, 188, 269 and 341 of IPC.
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 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 (Crl.Side) appearing for the 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 (Crl.Side) appearing for the respondent.
5. Perused the materials on record.
6.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.
7. In view of the above, this Court is of the opinion that further continuance of proceedings is nothing but an abuse of process of law in respect of all other accused also.
8. Accordingly, the criminal original petition stands allowed, the proceedings in Crime No. 660 of 2020 dated 27.06.2020 on the file of the respondent Poraiyur Police Station, Nagapattinam District is hereby quashed in respect of all the accused. Consequently, connected miscellaneous petition is closed.
Sd/- Assistant Registrar(CS-VII) //True copy// Sub Assistant Registrar srn To
1. The Sub Inspector of Police, Poraiyur Police Station, Nagapattinam.
2. The Public Prosecutor, High Court of Madras.
+1cc to Mr.A.Raja Mohamed, Advocate SR.No.15107 Crl.O.P.No.4868 of 2022 and Crl.M.P.No.2564 of 2022 SKM(CO) GMY(29/03/2022)