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Madras High CourtCRL OP(MD)/2220/2020allowed

Rajesh Kannan v. The Inspector Of Police

2020-02-10Honourable Mr Justice A.D.Jagadish Chandira2 pages

Crl.O.P.(MD).No.2220 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 10.02.2020

CORAM:

THE HONOURABLE MR. JUSTICE A.D. JAGADISH CHANDIRA Crl.O.P.(MD).No.2220 of 2020 and Crl.M.P(MD)No.1142 of 2020 Rajesh Kannan ... Petitioner Vs.

The Inspector of Police, B-3, Theppakulam Police Station Madurai (Crime No.84 of 2018) ... Respondent/Complainant PRAYER: This Criminal Original Petition has been filed under Section 482 of Criminal Procedure Code, to call for the records relating to impugned FIR in Crime No.84 of 2018 dated 26.01.2018 on the file of the respondent for the alleged offence said to have taken place on 26.01.2018 and to quash the same.

For Petitioner : Mr.S.Loganathan For Respondent : Mrs.S.Bharathi Government Advocate(Crl.Side)

ORDER

This Criminal Original Petition has been filed to quash the proceedings in Crime No.84 of 2018 dated 26.01.2018 on the file of the respondent police for the offences under Sections 143 and 188 of IPC.

2.The learned counsel appearing for the petitioner 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 the 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

3. The learned Government Advocate(Crl.Side) appearing for the respondent would submit that the facts of the case are similar to the facts covered under the Judgment referred above. https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD).No.2220 of 2020 4.Heard the learned counsel appearing for the petitioner and the learned Government Advocate(Crl.Side) appearing for the respondent.

5. Perused the materials on record 6.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. Accordingly, the proceedings in Crime No.84 of 2018 dated 26.01.2018 on the file of the respondent police is hereby quashed insofar as the petitioner alone and the Criminal Original Petition is allowed. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar (crl.side) // True Copy // / /2020 Sub Assistant Registrar(CS ) aav To

1. The Inspector of Police, B-3, Theppakulam Police Station Madurai 2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1 CC to Mr.S.LOGANATHAN, Advocate ( SR-5757[F] dated 12/02/2020 ) Crl.O.P.(MD).No.2220 of 2020 and Crl.M.P(MD)No.1142 of 2020 10.02.2020 MK (20.02.2020) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2