Mathiyarasan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 10.06.2024 CORAM :

THE HON`BLE MR.JUSTICE B.PUGALENDHI and Crl.M.P.(MD)Nos.1672 & 1673 of 2024 Mathiyarasan ... Petitioner/A1 Vs.

1.State rep. By The Inspector of Police Elayangudi Police Station, Sivagangai District.

In Crime No.116 of 2017.

... Respondent/ Complainant Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for the entire records relating to the impugned charge sheet in S.T.C.No.1469 of 2019, on the file of the Judicial Magistrate No.I, Sivagangai and to quash the same insofar as the petitioner is concerned. For Petitioner : Mr.M.S.Jeyakarthik For Respondent : Mr.P.Kottai Chamy Government Advocate (Crl.Side)

O R D E R

The petitioner has filed this Petition to quash the charge sheet in S.T.C.No.1469 of 2019, on the file of the Judicial Magistrate No.I, Sivagangai.

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2. The petitioners are facing the trial in S.T.C.No.1469 of 2019, on the file of the Judicial Magistrate No.I, Sivagangai, for the offences under Sections 143, 341, and 188 I.P.C. The occurrence took place on 25.04.2017 at about 10.15 A.M. The petitioner had assembled along with few others and tried to stage a road roko voicing their protest in favour of farmers. In this regard, Crime No.528 of 2017 was registered on the file of the first respondent, after investigation final report was filed.

2. The learned counsel for the petitioner submits that a similar stand was taken in Crl.O.P.(MD)No.1356 of 2018 etc.,batch, wherein, this Court by order dated 20.09.2018, quashed the charge sheet and therefore the charge sheet in S.T.C.No.1469 of 2019, on the file of the Judicial Magistrate No.I, Sivagangai, shall also be quashed.

3. In view of the similar order passed by this Court in Crl.O.P. (MD)No.1356 of 2018 etc.,batch, dated 20.09.2018, this petition is allowed and the charge sheet in S.T.C.No.1469 of 2019, on the file of the Judicial Magistrate No.I, Sivagangai, is hereby quashed. Consequently, connected Miscellaneous Petitions are closed.

Index : Yes/No 10.06.2024 NCC : Yes/No LS 2/4

To 1.The Judicial Magistrate No.I, Sivagangai.

2.The Inspector of Police Elayangudi Police Station, Sivagangai District.

3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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B.PUGALENDHI,J.

LS Order made in 10.06.2024 4/4