A.Thiyagarajan v. The State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 09.03.2022 CORAM :

THE HONOURABLE MR. JUSTICE A.D. JAGADISH CHANDIRA A.Thiyagarajan ... Petitioner Vs.

The State represented by The Inspector of Police, V-7 Nolumber Police Station Chennai - 600 037.

... Respondent PRAYER: This Criminal Original Petition has been filed under Section 482 of Criminal Procedure Code, pleased to call for the records pertaining to the F.I.R., in Crime No.1511 of 2020 dated 03.07.2020 on the file of the respondent police and quash the same.

For Petitioner : Mr.K.Dakshinamoorthy For Respondent : Mr.A.Gokulakrishnan Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed to call for the records pertaining to the F.I.R., in Crime No.1511 of 2020 dated 03.07.2020 on the file of the respondent police and quash the same.

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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 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 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, 2/6

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 Crime No. 1151 of 2020, on the file of the respondent police, is hereby quashed in respect of all the accused. Consequently, connected miscellaneous petition is closed.

09.03.2022 rgi/ham Index : Yes / No Internet : Yes / No To

1. The Inspector of Police, V-7 Nolumber Police Station Chennai - 600 037.

2. The Public Prosecutor, High Court of Madras.

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A.D. JAGADISH CHANDIRA,J., rgi/ham 09.03.2022 4/6

A.D.JAGADISH CHANDIRA , J.

The Criminal Original Petition is listed today under the caption "for being mentioned".

2. Learned counsel appearing for the petitioner submitted that this Court, by an order dated 09.03.2022, has ordered this petition. However, in para 7 of the order copy, the Crime Number has been mentioned as Crime No.1151 of 2020 instead of Crime No.1511 of 2020. Hence, he prayed for suitable directions. Hence, he prayed for suitable directions.

3. Considering the above submission, the error is corrected and the para 7 of the order shall be read as follows:

" 7. Accordingly, the Criminal Original Petition stands allowed and the proceedings in Crime No. 1511 of 2020, on the file of the respondent police, is hereby quashed, in respect of all the accused. Consequently, connected miscellaneous petition is closed."

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A.D.JAGADISH CHANDIRA , J.

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4. Registry is directed to issue a fresh order copy. 15.03.2023 ham Note: Issue order copy today (15.03.2023).

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