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Madras High CourtCRL OP/23703/2019allowed

M.Boopathy v. State By

2019-11-25Honourable Mr Justice M.S. Ramesh2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 25.11.2019

CORAM

THE HONOURABLE MR.JUSTICE M.S.RAMESH Crl.OP No.23703 of 2019 M.Boopathy ... Petitioner Vs.

1. State By:

The Inspector of Police, Namakkal Town Police Station, Namakkal.

2. S.Ramadoss ... Respondents Prayer: This Criminal Original Petition filed under Section 482 Cr.P.C. to call for the records in Crime No.46 of 2019 on the file of the 1st respondent Namakkal Town Police Station and quash as far as the petitioner/accused is concerned the same in the interest of justice.

For Petitioner : Mr.M.Saravana Kumar For Respondent : Mr.C.Iyyapparaj Additional Public Prosecutor for R1

ORDER

This petition has been filed to call for the records in Crime No.46 of 2019 on the file of the 1st respondent Namakkal Town Police Station and quash as far as the petitioner/accused is concerned.

2.The petitioner herein has been arrayed as 3rd 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 averments in the complaint reveals that overt acts attributed to the petitioner herein is similar to the co-accused R.Magesh Kumar. Since 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 petitioner herein also. https://hcservices.ecourts.gov.in/hcservices/

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 petitioner herein/3rd accused stands quashed.

3.Accordingly this criminal original petition stands allowed.

Sd/- Assistant Registrar(CS-VIII) //True Copy// Sub Assistant Registrar ssr To

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

2. The Public Prosecutor, High Court, Madras.

+1cc to Mr.M.Saravanakumar, Advocate SR.98485 Crl.OP No.23703 of 2019 EV(CO) CB(08/01/2020) https://hcservices.ecourts.gov.in/hcservices/