Madras High CourtCRL OP(MD)/1314/2019allowed

Ganesan, v. The Sub Inspector Of Police

2019-01-31Honourable Mr Justice A.D.Jagadish Chandira2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 31.01.2019

CORAM:

THE HONOURABLE MR. JUSTICE A.D. JAGADISH CHANDIRA Crl.O.P.(MD).No.1314 of 2019 and Crl.M.P(MD)Nos.655 & 656 of 2019 1.Ganesan 2.Arumugam 3.Annakodi 4.Selvamani 5.Muthusamy 6.Ganesan 7.Selvakalidoss 8.Ammasi 9.Vairavan 10.Ananth 11.Karuppaiah ... Petitioners/Accused Nos.2,5,6,8 to 11, 14, 15, 17 & 18 Vs.

The State rep. By The Sub Inspector of Police, Mamsapuram Police Station, Virudhunagar District.

(Crime No.97 of 2016) ... Respondent/Complainant PRAYER: This Criminal Original Petition has been filed under Section 482 of Criminal Procedure Code, to call for the records relating to the proceedings in C.C.No.272 of 2016, pending before the learned Judicial Magistrate No.II, Srivilliputhur, Virudhunagar District and quash the same in respect of petitioners.

For Petitioners : Mr.Veera Kathiravan Senior Counsel for Mr.G.Mariappan For Respondent : Mr.A.Robinson Government Advocate (Crl.side)

ORDER

This Criminal Original Petition has been filed to quash the proceedings in C.C.No.272 of 2016, pending before the learned Judicial Magistrate No.II, Srivilliputhur, Virudhunagar District for the offences under Sections 143, 286 of IPC and Act 192(A) of Motor Vehicles Act and Section 4AA (1a) of Tamilnadu Open Places (Prevention of Disfigurement) Act, 1959 r/w 188 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. https://hcservices.ecourts.gov.in/hcservices/

3. The learned Government Advocate (Crl.side) appearing for the respondent filed a counter and would submit that the facts of the case are similar to the facts covered under the Judgment referred above.

4.Heard the learned counsel appearing for the petitioners and the learned Government Advocate (Crl.side) appearing for the respondent.

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. Accordingly, the proceedings in C.C.No.272 of 2016, pending on the file of the Judicial Magistrate No.II, Srivilliputhur, Virudhunagar District is hereby quashed and the Criminal Original Petition is allowed. Consequently, connected miscellaneous petitions are closed.

sd/ Assistant Registrar(crl.side) /True Copy/ Sub Assistant Registrar To

1. The Sub Inspector of Police, Mamsapuram Police Station, Virudhunagar District.

2. The Judicial Magistrate No.II, Srivilliputhur, Virudhunagar District.

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

Crl.O.P.(MD).No.1314 of 2019 31.01.2019 am/jer MK (25.03.2019) 2P 4C https://hcservices.ecourts.gov.in/hcservices/