V.Murugesan v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 20.03.2024

CORAM:

THE HON'BLE MRS.JUSTICE T.V.THAMILSELVI CRL.OP No. 27196 of 2022 & Crl.MP. No. 16726 & 16784 of 2022 1 V.MURUGESAN 2 A.SELVAKUMAR 3 S.YUVARAJ @ YUVARAJ 4 R.ARUNKUMAR 5 S.KALIANNAN 6 M.SANMUGASUNDARAM 7 K.SARAVANAN

...Petitioner

Vs.

1. THE STATE REP BY INSPECTOR OF POLICE DISTRICT CRIME BRANCH NAMAKKAL DISTRICT (CRIME NO.4/2013) 2 VASUNTHARA DEVI DIRECTOR OF GOVERNMENT EXAMINATIONS COLLEGE ROAD CHENNAI 600014

...RespondentS

PRAYER : This petition has been filed under Section 482 of Cr.P.C , to

Call for the records concerned in CC.102/2015 on the file of the Judicial Magistrate No.I Namakkal district and Quash the Same in so far as the petitioner is concerned.

For Petitioner : Mr.C.Prakasam For Respondents : Mr.S.Vinoth Kumar, Govt. Advocate (Crl. Side) for R1 R2- Service awaited.

ORDER

The petitioner herein filed this petition to Call for the records concerned in CC.102/2015 on the file of the Judicial Magistrate No.I Namakkal district and Quash the Same in so far as the petitioner is concerned.

2. Heard both sides.

3. The case of the prosecution is that while conducting public examination of +2 students in the Kamarajar Higher Secondary School, the accused persons joint together with an intend to get pass mark in the physics public examination they helped by way of giving one answer for getting one mark they displayed answer in the board, for the actions the accused A2, A3 and A6, the petitioners herein assist such actions and also A1 Murugesan prevented the flying squad thereby they committd offence under Section 406 and 409 IPC. The petitioners filed this petition to quash the C.C No. 102 of

2015.

4. On seeing entire facts, it reveals that the final report was filed against all the accused, which needs detailed trial and evidence. Therefore, I am not inclined to quash the proceedings initiated against the petitioners and I do not find any irregularity in the charge sheet filed against them. Accordingly, this Criminal Original Petition is dismissed. However, liberty is granted to the petitioners to raise all their defence before the trial court. Consequently, connected Criminal Miscellaneous Petition is closed. 20.03.2024 pbl To The Public Prosecutor,High Court, Madras.

T.V.THAMILSELVI, J.

pbl

CRL.OP No. 27196 of 2022 & Crl.MP. No. 16726 & 16784 of 20.03.2024