K.R Badurus Zaman v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 01.02.2022 CORAM :

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and Crl.M.P.(MD)Nos.1202, 1204, 1106 and 1108 of 2022 1.K.R.Badurus Zaman ... Petitioner/Accused No.4 in Crl.O.P.(MD)No.1661 of 2022 2.Moorthy @ Krishnamoorthy ... Petitioner/Accused No.2 in Crl.O.P.(MD)No.1527 of 2022 Vs.

1.The Inspector of Police, Natham Police Station, Dindigul District.

...1st Respondent/Complainant 2.S.Pitchaimuthu, Sub-Inspector of Police, Natham Police Station, Dindigul District.

...2nd Respondent/Defacto Complainant in both petitions Common Prayer: TheCriminal Original Petitions are filed under Section 482 of Cr.P.C., to call for the records relating to the charge sheet in S.T.C.No.81 of 2020 on the file of the learned Judicial Magistrate, Natham and quash the same against the petitioners/A2 and A4 are concerned.

For Petitioner (in Crl.O.P.(MD)No.1661 of 2022) : Mr.P.Venkata Subramanian For Petitioner (in Crl.O.P.(MD)No.1527 of 2022) : Mr.B.Vinothkumar For R1 (in both petitions) : Mr.B.Thanga Aravindh Govt. Advocate (Crl. Side) 1/3

COMMON ORDER The petitioners herein are figuring as accused in S.T.C.No.81 of 2020 on the file of the learned Judicial Magistrate Court, Natham.

2.The case of the prosecution is that the accused had assembled in a public place on 22.01.2017 at around 08.00 a.m. and there arose a dispute between the persons who organised the Jallikattu and the accused who were opposed the organizing of the event. 3.A careful reading of the statements recorded under Section 161 of Cr.P.C would indicate that no adverse consequence really ensued. The accused did not indulge in any act of violence. There appears to have been a factional rivalry in the village, but fortunately, it did not spill over into any act of violence. It is not the case that deserves a prosecution. Therefore, in the interest of justice, the impugned proceedings are quashed and the Criminal Original Petitions are allowed. The benefit of this order will enure in favour of the non-petitioning accused also.

Consequently, connected miscellaneous petitions are closed. Sd/- Assistant Registrar (AS) // True Copy // / /2022 Sub Assistant Registrar(CS) sji Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To:

1.The Judicial Magistrate, Natham, Dindigul District.

2.The Inspector of Police, Natham Police Station, Dindigul District.

2/3

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

and Crl.M.P.(MD)Nos.1202, 1204, 1106 and 1108 of 2022 01.02.2022 RK(16/02/2022) 3P 4C 3/3