Madras High CourtCRL OP(MD)/1879/2020allowed

Mariappan v. The Sub Inspector Of Police

2020-02-05Honourable Mr Justice A.D.Jagadish Chandira2 pages

Crl.O.P.(MD).No.1879 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 05.02.2020

CORAM:

THE HONOURABLE MR. JUSTICE A.D. JAGADISH CHANDIRA Crl.O.P.(MD).No.1879 of 2020

1. Mariappan

2. Ramar

3. Muniyandi

4. Thirugnanam

5. Neerathilingam

6. Ramasubramaniyam

7. Ganesan

8. Balusamy

9. Sivagnanam 10.Gurusamy ... Petitioners Vs.

1. The State rep. By The Sub Inspector of Police, Rajapalayam North Police Station Virudhunagar District (Crime No.13 of 2018) ...1st Respondent/Complainant

2. M.Muthukumaran Sub Inspector of Police Rajapalayam North Police Station Virudhunagar District ... Respondent/Complainant PRAYER: This Criminal Original Petition has been filed under Section 482 of Criminal Procedure Code, to call for the records in respect of case in STC No. 414 of 2019 on the file of the learned Judicial Magistrate, Rajapalayam and to quash the same. For Petitioners : Mr.M.Jothibasu For Respondent : Mr.S.Chandrasekar Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed to quash the proceedings in STC No. 414 of 2019 on the file of the learned Judicial Magistrate, Rajapalayam for the offences under Sections 143 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 https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD).No.1879 of 2020 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 STC No. 414 of 2019 on the file of the learned Judicial Magistrate, Rajapalayam is hereby quashed insofar as the petitioners are concerned and the Criminal Original Petition is allowed.

Sd/- Assistant Registrar (P&A) // True Copy // / /2020 Sub Assistant Registrar(CS ) aav To

1. The Sub Inspector of Police, Rajapalayam North Police Station Virudhunagar District

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

+1 CC to M/s.G.M. LAW OFFICE, Advocate (SR-4908[F] dated 06/02/2020 ) Crl.O.P.(MD).No.1879 of 2020 05.02.2020 MK (17.02.2020) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2