Echosova, M/A2/45 Years v. State Rep. By Its

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 23.12.2021

CORAM

THE HON'BLE MR.JUSTICE N.SATHISH KUMAR Crl.O.P.No.29021 of 2017 and Crl.M.P.Nos.16375 & 16376 of 2017

1. Echosova

2. Thimothi @ Sekar

3. Logesh @ Nanba

4. James ... Petitioners Vs State rep. by its The Inspector of Police, Arakkonam Town Police Station, Arakkonam, Vellore District.

... Respondent PRAYER: Criminal Original Petition filed under Section 482 of Criminal Procedure Code, to call for the records in P.R.C.No.20 of 2009 on the file of the Judicial Magistrate, Arakkonam and quash the same.

For Petitioners : Mr.R.Sankarasubbu For Respondent : Mr.R.Kishore Kumar Government Advocate(Criminal Side)

O R D E R

This petition has been filed to quash the charge sheet in P.R.C.No.20 of 2009 on the file of the Judicial Magistrate, Arakkonam against the petitioners/ A2, A3, A4 & A8 for the offences punishable under Sections 147, 148, 294(b), 353, 506 (ii) of I.P.C. and Section 3 of the PPD Act.

2. The learned Counsel for the petitioner submitted that already this Court by an Order dated 22.02.2017 quashed the criminal proceedings against A1, A5, A6 and A7 in the very same P.R.C.No.20 of 2009 and placed a copy of this Order before this Court. The learned Government Advocate for the State also confirmed the above fact. As similar allegations are against the present petitioners and this Court has already elaborately discussed and concluded that the entire prosecution is not maintainable, the same is applicable to the present petitioners also.

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3. Considering the fact that already the criminal proceedings were quashed against A1, A5, A6 & A7 on the account that no materials available to prove the complicity of the accused, continuation of the proceedings against the present petitioners/ A2, A3, A4 & A8 is only a futile exercise.

4. Accordingly, this Criminal Original Petition is allowed and the charge sheet in P.R.C.No.20 of 2009 on the file of the Judicial Magistrate, Arakkonam against the petitioners/ A2, A3, A4 & A8 for the offences punishable under Sections 147, 148, 294 (b), 353, 506(ii) of I.P.C. and Section 3 of the PPD Act is quashed. Consequently, connected miscellaneous petitions are closed.

Sd/- Assistant Registrar(Digit) //True Copy// Sub Assistant Registrar vrc / kbs To

1. The Judicial Magistrate, Arakkonam.

2. The Inspector of Police, Arakkonam Town Police Station, Arakkonam, Vellore District.

3. The Public Prosecutor Madras High Court Chennai.

Crl.O.P.No.29021 of 2017 and Crl.M.P.Nos.16375 & 16376 of 2017 BR(CO) CT 20/01/2022 https://hcservices.ecourts.gov.in/hcservices/