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Madras High CourtCRL OP(MD)/2112/2020allowed

Mohamed Madarsha v. The Inspector Of Police

2020-02-07Honourable Mr Justice A.D.Jagadish Chandira3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 07.02.2020

CORAM:

THE HONOURABLE MR. JUSTICE A.D. JAGADISH CHANDIRA and Crl.M.P(MD)Nos. 1076 and 1077 of 2020

1. Mohamed Madarsha

2. Riya Ahamed

3. Mariya Arputham

4. Fouzur Rahaman

5. Ramadass

6. Maideen Batcha

7. Mohamed Abdullah

8. Sheik Fasith

9. Kaja Sherif

10. Rahmathullah

11. Riyas Deen

12. Pandiayan

13. Arumugam

14. Batcha Miyaan

15. Mohamed Nazir

16. Abdul Lathif

17. Rasith Ahamed ... Petitioners/A1 to 11 & 13 to 17 Vs.

1. The State rep. By The Inspector of Police, City North Police Station (Crime No. 195 of 2016) ... R-1/Complainant

2. Theivam, The Inspector of Police, City North Police Station, ... R-2/Defacto Complainant PRAYER: This Criminal Original Petition has been filed under Section 482 of Criminal Procedure Code, to call for the records pertaining to the case in C.C.No.516 of 2016 on the file of the learned Judicial Magistrate No.II, Dindigul in Crime No.195 of 2016 on the file of the Respondent police and quash the same as illegal in so far as the petitioners.

For Petitioners: Mr.B. Arun For R-1 : Mr.S. Chandrasekar Additional Public Prosecutor 1/3

ORDER

This Criminal Original Petition has been filed to quash the case in C.C.No.516 of 2016 on the file of the learned Judicial Magistrate No.II, Dindigul in Crime No.195 of 2016 on the file of the Respondent police.

2.The learned counsel appearing for the petitioners would submit that the facts of the case are exactly similar to the case covered in the decision reported in 2018 2 LW (Crl) 606 [Jeevanandham and others vs. The Inspector of Police Velayuthampalayam Police Station, Karur District] dated 20.09.2018 and in case of Sri Raja vs Inspector of Police, Sivakasi Town Police Station Virudhunagar District and other in batch of cases in Crl.O.P(MD) No.7922 of 2019 dated 30.08.2019.

3. The learned Additional Public Prosecutor appearing for the respondent would submit that the facts of the case are similar to the facts covered under the Judgment referred above. 4.Heard both sides and perused the materials on record 5.The facts of this case is similar to the facts covered by the Judgment of this Court reported in 2018 2 LW (Crl) 606 [Jeevanandham and others vs. The Inspector of Police Velayuthampalayam Police Station, Karur District] dated 20.09.2018 and in case of Sri Raja vs Inspector of Police, Sivakasi Town Police Station Virudhunagar District and other in batch of cases in Crl.O.P(MD) No.7922 of 2019 dated 30.08.2019. Considering the facts and submissions, the proceedings in C.C.No. 516 of 2016 on the file of the learned Judicial Magistrate No.II, Dindigul, is hereby quashed insofar as the petitioners are concerned and the Criminal Original Petition is allowed. Consequently, connected miscellaneous petitions are closed.

Sd/- Assistant Registrar (crl.side) // True Copy // / /2020 Sub Assistant Registrar(CS ) ksa To

1. The Judicial Magistrate No.II, 2/3

2. The Inspector of Police, City North Police Station

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

+1 CC to Mr.B.ARUN, Advocate ( SR-5315[F] dated 07/02/2020 ) Crl.O.P.(MD).No.2112 of 2020 07.02.2020 MK (20.02.2020) 3P 5C 3/3