Madras High CourtCRL OP(MD)/2198/2020allowed

N.Parveen Ahamed v. The Inspector Of Police

2020-02-10Honourable Mr Justice A.D.Jagadish Chandira3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 10.02.2020

CORAM:

THE HONOURABLE MR. JUSTICE A.D. JAGADISH CHANDIRA and Crl.M.P(MD) No. 1122 of 2020

1. N. Parveen Ahamed

2. A.Asraf Ali

3. M.Yasar Arafad

4. J.Sathique Ali

5. I.Shahul Hameed

6. A.Kaja Maideen

7. U.Mohamad Musthab 8.A.Riyas Ahamed 9.K.Sheik Fareed

10. N.Batcha

11. M.Thamumoon Ansari

12. S.Mohamed Yasin

13. A.Sheik Fareed

14. M.Abdul Hakkim

15. A.Nainar Mohamad

16. M.Jamal Mohamad

...Petitioners/Accused Nos.3 to 6, 8,

9, 11, 12, 17, 18, 20, 21, 24, 26, 27 and 31 Vs.

1.State through The Inspector of Police, Town North Police Station Dindigul District.

... Respondent/De jure Complainant

2. P.Deivam The Inspector of Police, Town North Police STation Dindigul District ... Respondent/Defacto Complainant PRAYER: This Criminal Original Petition has been filed under Section 482 of Criminal Procedure Code, to call for the records in connected with the case in C.C.No.510 of 2017 pending on the file of the learned Judicial Magistrate No.II, Dindigul and quash the same as illegal insofar as it relates to the petitioners are concerned. For Petitioners : Mr.I.Sabeer Mohammed For Respondent : Mr.S.Chandrasekar Additional Public Prosecutor 1/3

ORDER

This Criminal Original Petition has been filed to quash the proceedings in C.C.No.510 of 2017 pending on the file of the learned Judicial Magistrate No.II, Dindigul for the offences under Sections 143,341 and 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 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 reported in (2019)4 MLJ(Crl.)175

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 reported in (2019)4 MLJ(Crl.)175.

Considering the facts and submissions, the proceedings in C.C.No.510 of 2017 pending 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 petition is also closed.

Sd/- Assistant Registrar (AS) // True Copy // / /2020 Sub Assistant Registrar(CS) aav 2/3

To 1.The Judicial Magistrate No.II, Dindigul 2.The Inspector of Police, Town North Police Station Dindigul District 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. +1 CC to M/s.I.SABEER MOHAMED, Advocate ( SR-5372[F] dated 10/02/2020 ) and Crl.M.P(MD) No. 1122 of 2020 10.02.2020 JMN(19.02.2020) 3P : 5C 3/3