Madras High CourtCRL OP(MD)/1300/2020allowed

Mahalingam v. The Inspector Of Police

2020-01-28Honourable Mr Justice A.D.Jagadish Chandira3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.01.2020

CORAM:

THE HONOURABLE MR. JUSTICE A.D. JAGADISH CHANDIRA Crl.O.P.(MD).No.1300 of 2020 1.M.Mahalingam 2.Ilangovan 3.Srinivasan 4.Gopal 5.Thillainayagam 6.Krishnan 7.Rajendran 8.Dhanapal 9.A.Mahalingam 10.Velmurugan 11.Murugesan 12.Murhukrishnan 13.Mathialagan 14.Sundararaj 15.Shanmugam 16.Muruganantham 17.Neelamegam 18.Sekar 19.Anbalagan 20.Karunakaran 21.Marimuthu 22.Kamaraj 23.Subbayan 24.Thangaraj 25.Sivakumar 26.Murugan 27.Veeman 28.Raja 29.Maruthai 30.Selvaraj 31.Rathinam 32.Mahamuni 33.Selvendran 34.Ramachandran 35.Parameswaran 36.Senthilkumar 37.Balan 38.Ambikapathi 39.Gurunathan 40.Sivagami 41.Dhanam

...Petitioners

1/3

Vs.

1.The State rep. By The Inspector of Police, Mayanur Police Station, Karur District.

(Crime No.112/2016) 2.Induja ... Respondents PRAYER: This Criminal Original Petition has been filed under Section 482 of Criminal Procedure Code, to call for the records pertaining to the chage sheet in C.C.No.75 of 2017 on the file of the learned Judicial Magistrate No.II, Kulithalai, Karur District and quash the same.

For Petitioners: Mr.M.Bindran For R1 : Mr.S.Chandrasekar Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed to quash the proceedings in in C.C.No.75 of 2017 on the file of the learned Judicial Magistrate No.II, Kulithalai, Karur District, for the offences under Sections 143, 188 and 285 of IPC. 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 available 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 2/3

2019 dated 30.08.2019. Considering the facts and submissions, the proceedings in C.C.No.75 of 2017 on the file of the learned Judicial Magistrate No.II, Kulithalai, Karur District is hereby quashed insofar as the petitioners are concerned and the Criminal Original Petition is allowed.

Sd/- Assistant Registrar (CS-I) // True Copy // / /2020 Sub Assistant Registrar(CS) Ls To 1.The Judicial Magistrate No.II, Kulithalai, Karur District.

2. The Inspector of Police, Mayanur Police Station, Karur District.

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

Crl.O.P.(MD).No.1300 of 2020 28.01.2020 SMA/12/02/2020/3P/4C 3/3