M.Senthilraja v. State By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 18.08.2020

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.12291 of 2020 1.M.Senthilraja S/o G.R.Muthusamy No.3/48, Manjakadu R.Goundampalayam Post Rasipuram Taluk Namakkal District - 637 408.

2.K.Subramanian S/o M.Kandhasamy No.11A, Ellappa Street Rasipuram Post & Taluk Namakkal District - 637 408.

3.N.Rajasekaran S/o Natesan No.5/83, Mariamman Koil Street Bodinaickenpatti Post Senthamangalam Taluk Namakkal District - 637 408.

4.K.Athiappan S/o Kuppusamy No.1/101, Bazaar Street Thoppapatty, Rasipuram Namakkal District - 637 408.

5.V.Arjunan S/o Vedham C-74, TNHB Colony Kollapatty Animoor Post Tiruchengodu Namakkal District - 637 408.

...Petitioners

Vs.

1.State Rep by its The Inspector of Police Namakkal Town Police Station Namakkal.

(Crime No.46 of 2019)

2.S.Ramadoss Sub Inspector of Police Now working at Mallasamuthram Police Station Namakkal District.

...Respondents

PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to call for the records in Crime No.46 of 2019 on the file of the first respondent, the Inspector of Police, Namakkal Town Police Station, Namakkal, and quash the same as far as the petitioners/accused persons are concerned. For Petitioners : Mr.M.Saravana kumar For Respondents : Mr.S.Karthikeyan Additional Public Prosecutor for R1

O R D E R

This petition has been filed to quash the proceedings in Crime No.46 of 2019 on the file of the first respondent, the Inspector of Police, Namakkal Town Police Station, Namakkal, and quash the same 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) of IPC and Section 7 (1)(a) of Criminal Law Amendment Act, 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 averments in the complaint reveal that the overt act 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.

-s/d- Assistant Registrar True Copy Sub-Assistant Registrar

To 1.The Inspector of Police Namakkal Town Police Station Namakkal.

2.The Public Prosecutor High Court of Madras.

+3cc to Mr.M.Saravana Kumar, Advocate in SR.27232 Crl.O.P.No.12291 of 2020 GN (CO) RV(15/9/2020)