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Madras High CourtCRL OP/8664/2022allowed

Kumar @ Pommai Kumar v. The State Rep By

2022-04-18Honourable Mr Justice A.D.Jagadish Chandira2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 18.04.2022 CORAM :

THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA CRL.O.P.NO.8664 OF 2022 AND CRL.M.P.NO.5043 OF 2022 Kumar @ Pommai Kumar ... Petitioner/Accused .Vs.

The State by:- The Inspector of Police, Thirupapuliyur Police Station, Cuddalore.

(Crime No.774 of 2021) ... Respondent/Complainant PRAYER:- Criminal Original Petition is filed under Section 482 Cr.P.C., pleased to call for the records in Crime No.774 of 2021 pending on file of the Respondent Police and quash the same. For Petitioner :

Mr.A.P.Sathyamurthy For Respondent :

Mr.A.Gokulakrishnan Additional Public Prosecutor

O R D E R

This Criminal Original Petition has been filed to call for the records in Crime No.774 of 2021, pending on file of the Respondent Police and quash the same.

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.

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3. The learned Additional Public Prosecutor appearing for the respondents 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, 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.774 of 2021, pending on file of the Respondent Police, is hereby quashed. Consequently, the connected miscellaneous petition is closed. Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar ham/rgi To 1.

The Inspector of Police, Thirupapuliyur Police Station, Cuddalore.

2.

The Public Prosecutor, High Court of Madras.

+1cc to Mr.A.P.Sathyamurthy, Advocate, S.R.No.26437 CRL.O.P.NO.8664 OF 2022 AND CRL.M.P.NO.5043 OF 2022 GSM(CO) PBS/27/04/2022 https://hcservices.ecourts.gov.in/hcservices/