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Madras High CourtCRL OP/15314/2011allowed

M.Arumugam v. Sub Inspector Of Police

2017-06-13Honourable Mr Justice M.V. Muralidaran2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated:13.06.2017

CORAM

The Hon'ble Mr.Justice M.V.MURALIDARAN Crl.O.P.No.15314 of 2011 and M.P.No.1 of 2011 1.J.M.Arumugam 2.V.Dhanasekaran

...Petitioners/Accused 2&3

vs.

1.State rep. by the Sub-Inspector of Police, Hasthampatti Police Station, Salem District.

(Crime No.376/2009).

...Respondent 1 / Complainant

2.K.Sureshkumar, Advocate .. Respondents 2/Defacto Complainant Criminal Original Petition filed under Section 482 of Cr.P.C, to call for the records and quash all the proceedings in C.C.No.110 of 2009 on the file of the Judicial Magistrate No.III, Salem, Salem District.

For Petitioner :M/s.B.Vasudevan For Respondent :Mr.P.Govindarajan Additional Public Prosecutor

O R D E R

This petition has been filed to call for the records and quash all the proceedings in C.C.No.110 of 2009 on the file of the Judicial Magistrate No.III, Salem, Salem District.

2. The learned counsel for the petitioners would submit that the petitioners are arrayed as A2 and A3 in C.C.No.110 of 2009 on the file of learned Judicial Magistrate III, Salem and this Court has already quashed the charge sheet in respect of the co-accused in this case.

3. The learned Additional Public Prosecutor who appears for the first respondent strongly opposed to quash the proceedings in C.C.No.110 of 2009 as against these petitioners.

4. Considering the fact that the proceedings in C.C.No.110 of 2009 has already been quashed by this Court in respect of https://hcservices.ecourts.gov.in/hcservices/

the co-accused, this Court is inclined to quash the same in respect of these petitioners also.

4. Accordingly, the Criminal Original Petition is allowed and the case in C.C.No.110 of 2009 on the file of learned Judicial Magistrate III, Salem, as against these petitioners is quashed. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar ub To 1.The Judicial Magistrate III, Salem.

2.Do Thro'The Chief Judicial Magistrate, Salem.

3.State rep. by The Sub-Inspector of Police, Hasthampatti Police Station, Salem District.

4.The Public Prosecutor, High Court, Madras.

Crl.O.P.No.15314 of 2011 EV(CO) RS(21/06/2017) https://hcservices.ecourts.gov.in/hcservices/