Madras High CourtCRL OP(MD)/1980/2020allowed

Javagarulla v. The Inspector Of Police

2020-02-06Honourable Mr Justice A.D.Jagadish Chandira2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 06.02.2020

CORAM:

THE HONOURABLE MR. JUSTICE A.D. JAGADISH CHANDIRA Crl.O.P.(MD).No.1980 of 2020 and Crl.M.P(MD) Nos.979 and 980 of 2020

1. Javagarulla

2. Mohamed Sathick 3.Abdul Rahim 4.Abdul Kani

5. Abujalithu

...Petitioners/Accused No. 1 to 5

Vs.

1. The State rep. By The Inspector of Police, Ganesh Nagar Police Station Pudukottai, Pudukottai District.. 1st Respondent/Complainant

2. Yogarethinam The Inspector of Police, Ganesh Nagar Police Station Pudukottai, Pudukottai District ... 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 relating to the charge sheet in STC No. 130 of 2018 on the file of the Judicial Magistrate No.I, Pudukottai and quash the same as against these petitioners as illegal.

For Petitioners: Mr.J.Sulthan Basha for M/s.Ajmal Associates For Respondent : Mr.S.Chandrasekar Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed to quash the proceedings in STC No. 130 of 2018 on the file of the Judicial Magistrate No.I, Pudukottai for the offences under Sections 143 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 https://hcservices.ecourts.gov.in/hcservices/

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 STC No. 130 of 2018 on the file of the Judicial Magistrate No.I, Pudukottai is hereby quashed insofar as the petitioners are concerned and the Criminal Original Petition is allowed. Consequently connected miscellaneous petitions are closed. Sd/- Assistant Registrar (crl side) // True Copy // / /2020 Sub Assistant Registrar(CS) Aav To

1. The Inspector of Police, Ganesh Nagar Police Station Pudukottai, Pudukottai District 2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. +1 CC to M/s.AJMAL ASSOCIATES, Advocate ( SR-5169[F] dated 07/02/2020 ) Crl.O.P.(MD).No.1980 of 2020 and Crl.M.P(MD) Nos.979 and 980 of 2020 06.02.2020 VB(18.02.2020) 2P 4C https://hcservices.ecourts.gov.in/hcservices/