T.Vasanthapriya, v. The Sub Inspector Of Police
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.1528 of 2019 and Crl.M.P.(MD)Nos.777 & 778 of 2019 1.T.Vasanthapriya 2.Karthigalakshmi 3.M.Karpagadevi 4.Vijayalakshmi 5.S.Karpagadevi 6.Maheshwari 7.K.Bhuvana 8.Dhana lakshmi 9.R.Shanthi 10.M.Vennila 11.Pushpavalli 12.S.Sumitra ... Petitioners/Accused Nos.11 to 15, 18,19,22,23 and 25 to 27 Vs.
1. The State Rep. by The Sub-Inspector of Police, Sattur Town Police Station, Virudhunagar District.
(Crime No.105 of 2016).
...1st Respondent/Complainant 2.Madhan kumar ... 2nd Respondent/Defacto Complainant PRAYER: This Criminal Original Petition has been filed under Section 482 of Criminal Procedure Code, to call for the records in respect of the case in S.T.C.No.3113 of 2017 on the file of the Judicial Magistrate Court No.II, Sattur and to quash the same as illegal, violation of law.
For Petitioners : Mr.Muthukumar for M/S.M.Solaisamy For R1 : Mr.A.Robinson, G.A.(Crl.side)
ORDER
This Criminal Original Petition has been filed to quash the proceedings in S.T.C.No.3113 of 2017 on the file of the Judicial Magistrate Court No.II, Sattur.
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2.The learned counsel appearing for the petitioner would submit that the case is 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. He would further submit that this Court in a similar case in Crl.O.P.(MD)No.3495 of 2013 Thamil Kutty @ Muthu Kutty and others Vs. State has also questioned the authority of the Village Administrative Officer in preferring the complaint.
3. The learned Government Advocate(Crl.side) would submit that the facts of the case are similar to the decision in 2018 2 LW (Crl) 606 [Jeevanandham and others vs. The Inspector of Police Velayuthampalayam Police Station, Karur District] dated 20.09.2018 and he would further submit that the complaint has been preferred by the Village Administrative Office.
4.Heard the learned counsel appearing for the petitioner and the learned Government Advocate(Crl.side) appearing for the respondent police.
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 S.T.C.No.3113 of 2017, pending on the file of the learned Judicial Magistrate Court No.II, Sattur 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 Judicial Magistrate No.II, Sattur.
2. The Sub-Inspector of Police, Sattur Town Police Station, Virudhunagar District.
3. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
gns/Jer SP/05.04.2019/2P/4C Crl.O.P.(MD)No.1528 of 2019 31.01.2019 https://hcservices.ecourts.gov.in/hcservices/