Madras High CourtCRL OP/5040/2020allowed

C.Nehru v. State By

2020-03-04Honourable Mr Justice G.K. Ilanthiraiyan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 04.03.2020

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.5040 of 2020 1.C.Nehru 2.M.Selvakumar 3.R.Selvakumar 4.R.Periasamy 5.N.Kamaal 6.K.Palaniappan

...Petitioners

Vs.

1.State By:

The Inspector of Police, Namakkal Town Police Station, Namakkal 2.S.Ramadoss

...Respondents

PRAYER:

Criminal Original Petition filed under Section 482 Cr.P.C. praying to call for the records in Crime No.46 of 2019 on the file of the first respondent Namakkal Town Police Station and quash as far as the petitioners/accused person are concerned the same.

For Petitioners: Mr.M.Saravanakumar For R1 : Mr.M.Mohamed Riyaz, Additional Public Prosecutor

ORDER

This petition has been filed to quash the proceedings in Crime No.46 of 2019 on the file of the first respondent Namakkal Town Police Station as far as the petitioners/accused persons are concerned.

2.The petitioners have been arrayed as accused for alleged offences under Sections 143, 341, 505(1)(b), 7(1)(a), based on the complaint given by the 2nd respondent herein dated 25.01.2019. It is brought to the notice of this Court that, when the co-accused R.Magesh Kumar had challenged the investigation in Crime No.46 of 2019, this Court by an order dated 28.08.2018 passed in Crl.O.P.No.23181 of 2019 had quashed the investigation proceeding insofar as R.Magesh Kumar is concerned. The https://hcservices.ecourts.gov.in/hcservices/

averments in the complaint reveal that overt acts attributed to the petitioners herein are similar to the co-accused R.Magesh Kumar. Since this Court had already quashed the investigation insofar as R.Magesh Kumar is concerned, it would be appropriate that similar order is passed in favour of the petitioners herein. 3.In the light of the above observations, the investigation in Crime No.46 of 2019 on the file of the 1st respondent insofar as relates to the petitioners herein stands quashed. 4.Accordingly this criminal original petition stands allowed.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar lok To 1.The Inspector of Police, Namakkal Town Police Station, Namakkal 2.The Public Prosecutor, High Court, Madras.

+1cc to Mr.M.Saravanakumar, Advocate, S.R.No.18980 +11cc to Mr.M.Saravanakumar, Advocate SR.No.18980(06/10/2020) Crl.O.P.No.5040 of 2020 gmr(CO) jrs(27/06/2020) CB(06/10/2020) https://hcservices.ecourts.gov.in/hcservices/