E.Raghul 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.4949 of 2022 E.Raghul ... Petitioner Vs.

State Represented by The Inspector of Police, Katpadi Police Station, Vellore ... Respondent Prayer: The Criminal Original Petition filed under Section 482 of the Criminal Procedure Code, pleased to call for the records in FIR in Crime No.1452 of 2020 on the file of the respondentPolice and quash the same. For Petitioner : Mr.M.Ashwin Kumar 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. 1452 of 2020 dated 01.09.2020 on the file of the respondent Katpadi Police Station, Vellore District for the offences under Sections 188 and 269 of I.P.C, r/w 3 of Epidemic Diseases Act, 1897.

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. Accordingly, the proceedings in Crime No. 1452 of 2020 dated 01.09.2020 on the file of the respondent Katpadi Police Station, Vellore District is hereby quashed insofar as the petitioner alone and the Criminal Original Petition is allowed. Sd/- Assistant Registrar(CS V) //True Copy// Sub Assistant Registrar srn/ab

1. The Inspector of Police, Katpadi Police Station, Vellore, Vellore District.

2. The Public Prosecutor, High Court of Madras.

+1cc to Mr.M.Ashwin Kumar, Advocate, S.R.No.15407 Crl.O.P.No.4949 of 2022 RR[co] NSK 17/03/2022