S.N.Gowthaman v. The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.12.2018

CORAM

THE HONOURABLE MR. JUSTICE N.ANAND VENKATESH Crl.O.P.Nos.28018, 28022, 28024, 28025, 28027, 28030, 28032 of 2018 and Crl.M.P.Nos.16259, 16262, 16260, 16263, 16265, 16267, 16266, 16268, 16269, 16270, 16271, 16272, 16273, 16274 of 2018 S.N.Gowthaman ... Petitioner in all Crl.O.Ps

Versus

1.The Inspector of Police, Nagappattinam Town Police Station, Nagappattinam District.

... 1st Respondent in all Crl.O.Ps 2.T.Aravinth ... 2nd Respondent in Crl.O.P.No.28018 of 2018 3.Kandhasamy ... 2nd Respondent in Crl.O.P.No.28022 of 2018 4.Vadivel ... 2nd Respondent in Crl.O.P.No.28024 of 2018 5.Gangatharan ... 2nd Respondent in Crl.O.P.No.28025 of 2018 6.Rajkumar ... 2nd Respondent in Crl.O.P.No.28027 of 2018 7.Ramanujam ... 2nd Respondent in Crl.O.P.No.28030 of 2018 8.Kumar ... 2nd Respondent in Crl.O.P.No.28032 of 2018 COMMON PRAYER: Criminal Original Petitions filed under Section 482 of the Code of Criminal Procedure, to call for the entire records connected with the P.R.C.Nos.18, 27, 21, 20, 28, 19, 17 of 2018 respectively on the file of the Judicial Magistrate Court No.I, Nagappattinam and quash the same.

(In all Crl.O.Ps) For Petitioner : M/s.Greetha Senthilkumar For 1st Respondent : Mr.M.Mohamed Riyaz Additional Public Prosecutor C O M M O N O R D E R These petitions have been filed seeking to quash the proceedings in P.R.C.Nos.18, 27, 21, 20, 28, 19, 17 of 2018 respectively on the file of the Judicial Magistrate Court No.I, Nagappattinam .

2.The learned counsel for the petitioner would submit that this petitioner is not shown as an accused person in many of the F.I.Rs and his name has been roped in only after filing of the final report. The learned counsel would further submit that the name of the petitioner has been roped in merely based on his statement given by one Kandhasamy.

3.The learned counsel also drew the attention of this Court to the unexplained delay in registering the F.I.Rs in many of the cases. The learned counsel also submitted that all these complaints pertains to the same incident, which happened on 03.09.2017, which was a group clash between two groups belonging to the fisher folk.

4.Admittedly the case has been committed to the Principal Sessions Court, Nagappattinam and it has been taken on file before the Court to which the case has already been committed. Therefore, this Court does not want to exercise its jurisdiction at this stage. The petitioner is always at liberty to seek for a discharge if there are no materials against the petitioner in the final report filed by the respondent Police. 5.Hence, these Criminal Original Petitions are disposed of, with the above said direction and consequently, the connected Miscellaneous Petitioners are also closed. Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar vv2

To 1.The Inspector of Police, Nagappattinam Town Police Station, Nagappattinam District.

2.The Public Prosecutor, High Court, Madras.

+1 cc to M/s.Greetha Senthil Kumar, Advocate Sr.No.82848 Crl.O.P.Nos.28018, 28022, 28024, 28025, 28027, 28030 & 28032 of 2018 NM(CO) CSL/27.12.2018