Nageswaran v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 29.03.2021

CORAM

THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH Crl. OP No.5975 of 2021 and Crl. MP Nos.3873 & 3874 of 2021

1. Nageswaran

2. Rajamaarison

...Petitioners/Accused-12 & 15

vs.

1. State rep by Deputy Superintendent of Police, Organized Crime Unit-II, CBCID, Chennai 600 003.

...1st Respondent/Complainant

2. Surjit K. Chaudhary I.A.S.

Agricultural Production Commissioner and Principal Secretary to Government, Agriculture (AA7), Deaprtment, Secretariat, Chennai 600 009.

...2nd Respondent / Defacto Complainant PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for the records and to quash the proceedings in C.C.No.10731 of 2010 pending on the file of the learned XI Metropolitan Magistrate, Saidapet, Chennai as against the petitioners.

For Petitioners : Mr.K.R.Ramesh Kumar For Respondents : Mr.C.Raghavan Government Advocate (crl. Side) for R1

ORDER

On consent given by either side, the main petition itself has been taken up for final hearing.

2. The petitioners who are arrayed as A12 and A15 have filed the present petition to quash the proceedings in CC No.10731 of 2010 on the file of learned XI Metropolitan Magistrate, Saidapet, Chennai.

3. Heard Mr. K.R.Ramesh Kumar, learned counsel appearing for the petitioners and Mr.C.Raghavan, learned Government Advocate appearing for the first respondent.

4. It is seen from records that the quash petitions filed by some of the other accused persons in this case was allowed by this Court and the particulars of the same is tabulated hereunder:

Sl.No .

Name of the Accused Rank Quash Petition in Crl.O.P.Nos.

Order Date A.Natarajan 1st 27504/2010 05/09/14 B.Muralidharan 2nd 27503/2010 05/09/14 Nadimuthu 3rd 27503/2010 05/09/14 Subramanian 4th 19148/2017 10/04/19 P.Kothandan 7th 19148/2017 10/04/19 T.Natarajan 8th 18266/2017 15/04/19 V.Palanisamy 9th 19101/2017 14/03/19 Kandasamy 10th 19101/2017 14/03/19 D.Somasundaram 11th 6544/2013 26/07/19

5. In the considered view of this Court, the quashing of the proceedings for the other accused persons will also enure to the benefit of the petitioners who are similarly placed. In view of the above, the proceedings in CC No.10731 of 2010 on the file of learned XI Metropolitan Magistrate, Saidapet, Chennai, is quashed insofar as the petitioners are concerned and the Criminal Original Petition is allowed. Consequently, the connected miscellaneous petitions are closed. Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar jv To

1. The XI Metropolitan Magistrate, Saidapet, Chennai.

2. The Deputy Superintendent of Police, Organized Crime Unit-II, CBCID, Chennai 600 003.

3. The Public Prosecutor, High Court of Madras, Chennai 600 104.

+2cc to Mr.K.R.Ramesh Kumar, Advocate, S.R.No.20101 Crl. OP No.5975 of 2021 and Crl. MP Nos.3873 & 3874 of 2021 CP(CO) KKV/02/06/2021