Madras High CourtCRL OP(MD)/2707/2020allowed

Karunakaran v. The Inspector Of Police

2020-02-17Honourable Mr Justice A.D.Jagadish Chandira3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 17.02.2020

CORAM:

THE HONOURABLE MR. JUSTICE A.D.JAGADISH CHANDIRA Crl.O.P.(MD).No.2707 of 2020 1.Karunakaran 2.Ramakrishnan 3.Ramalingam 4.Natrayan, S/o. Thammanna Goundar 5.Karuppanna Goundar 6.Natrayan, S/o. Marappa Goundar 7.Selvaraj, S/o. Ramasamy 8.Raja 9.Rengasamy 10.Ponnar 11.Kandasamy 12.Maniraj 13.Selvaraj, S/o.Karuppanna Goundar 14.Chellappan 15.Mohankumar 16.Pasupathi 17.Kandasamy 18.Dhanapal 19.Chellappan 20.Eswaran 21.Jegannathan 22.Karunakaran 23.Rengan 24.Periyasamy 25.Sri Rengasamy 26.Subramani 27.Ponraj 28.Kathirvel 29.Nallasamy, S/o. Palaniappan 30.Nallasamy, S/o. Nallappan ..Petitioners Vs.

The State represented by, The Inspector of Police, K.Paramathi Police Station, Karur District.(Crime No.327 of 2017) ..Respondent 1/3

PRAYER: This Criminal Original Petition has been filed under Section 482 of Criminal Procedure Code, to call for the records pertaining to the Charge Sheet in S.T.C.No.49 of 2019 on the file of the learned Judicial Magistrate, Aravakurichi, Karur District and quash the same.

For Petitioners : Mr.M.Bindran For Respondent : Mr.S.Chandrasekar Additional Public Prosecutor

O R D E R

This quash petition is filed to quash the criminal proceedings in S.T.C.No.49 of 2019 on the file of the learned Judicial Magistrate, Aravakurichi, Karur District, thereby having been taken cognizance for the offences under Sections 143 and 188 of I.P.C. as against the petitioners.

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

3. The learned Additional Public Prosecutor appearing for the first respondent police 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. Considering the facts and submissions, the proceedings in S.T.C.No.49 of 2019 on the file of the learned Judicial Magistrate, Aravakurichi, 2/3

Karur District, is hereby quashed insofar as the petitioners are concerned and the Criminal Original Petition is allowed. Sd/- Assistant Registrar(CS-I) // True Copy // / /2020 Sub Assistant Registrar(CS) vsg To:

1.The Judicial Magistrate, Aravakurichi, Karur District.

2.The Inspector of Police, K.Paramathi Police Station, Karur District.

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

+1 CC to M/s.M.BINDRAN, Advocate ( SR-7103[F] dated 19/02/2020 ) Crl.O.P.(MD).No.2707 of 2020 17.02.2020 SE(CO) TR(26.02.2020) 3P 5C 3/3