Madras High CourtCRL OP/29087/2010allowed

Sham Alias v. State Rep By

2018-01-02Honourable Mr Justice M.V. Muralidaran2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED:01.03.2018

CORAM

THE HONOURABLE MR.JUSTICE RMT.TEEKAA RAMAN Crl.OP No.29087 of 2010 and M.P.No.1 of 2010 1.Sham @ Shamrosariya 2.Suman 3.Mayakrishnan@Vijayakumar 4.K.Venugopal ..Petitioners/ Accused 2 to 5 ...Vs...

1. State represented through the Inspector of Police, (Law and Order), B-4, Race Course Police Station, Coimbatore City, Coimbatore.

2. A.Dhanapal (Impleaded the 2n respondent as per the order of this Court dated 18.4.17 in Crl.M.P.No.

5503 of 2017 in Crl.O.P.No.29087 of 2010) .. Respondents Prayer:- Criminal Original Petition filed under Section 482 Cr.P.C., to call for the records pertaining to the charge sheet in S.T.C.No.100 of 2008 on the file of the learned Judicial Magistrate No.III, Coimbatore and quash the same in so far as the petitioners are concerned.

For Petitioners :Mr.Siva Ayyappan For R1 :Mr.T.Shanmuga Rajeshwaran Govt.Advocate (Crl.side) For R2 :No appearance

ORDER

This Criminal Original Petition has been filed under Section 482 Cr.P.C., to call for the records pertaining to the charge sheet in S.T.C.No.100 of 2008 on the file of the learned https://hcservices.ecourts.gov.in/hcservices/

Judicial Magistrate No.III, Coimbatore and quash the same in so far as the petitioners are concerned.

2. The case of the petitioner is that a case against them in Cr.No.88 of 2007 under Section 273 I.P.C read with Sec.4 (1)(2) of the Tamil Nadu Prohibition Act read with T.N.C.P.Act, was registered on 19.01.2007. Later on the respondent has filed a charge sheet under Section 37 of Tamil Nadu City Police Act and 20(1) of the Cigarettes and other Tobacco Products (Prohibition of Trade and Commerce, Production, Supply and Distribution) Act, 2003 read with 34 I.P.C in S.T.C.No.100 of 2008 before the learned Judicial Magistrate No.III, Coimbatore.

3. The learned Public Prosecutor (Crl.side) has stated that the matter has been taken up on file by the learned trial Magistrate No.III, Coimbatore in S.T.C.No.100 of 2008 and the case has been disposed of by the learned Judicial Magistrate No.III, Coimbatore under Section 258 of Cr.P.C on 19.09.2016.

3. In view of the same, nothing survives to adjudicate in this matter. Hence, this Criminal Original Petition is dismissed. Consequently, connected Miscellaneous Petition is closed.

Sd/- Assistant Registrar(CS-VII) //True Copy// Sub Assistant Registrar nvi To

1. The Judicial Magistrate No.III, Coimbatore

2. The Chief Judicial Magistrate, Coimbatore.

3. The Public Prosecutor, High Court, Madras.

Crl.OP No.29087 of 2010 and M.P.No.1 of 2010 RV(CO) RMP(22/03/2018) https://hcservices.ecourts.gov.in/hcservices/