R.Kumaran v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 10.06.2024 CORAM :

THE HON`BLE MR.JUSTICE B.PUGALENDHI and Crl.M.P.(MD)No.1397 of 2024 1.R.Kumaran 2.D.Vijay 3.S.Muthupandiayan 4.S.Senbgamoorthy 5.M.Senthil 6.M.Eraniyan 7.S.Soosai 8.Kubendiran 9.K.Muruganandam 10.Arangaiyan 11.C.Rajiv Gandhi ... Petitioners /A1 to 4,6, 7, 10 to12,14 &15 Vs.

1.The Inspector of Police D1, Thallakulam Police Station, Madurai District.

Crime No.528 of 2017.

... 1st Respondent/ Complainant 2.S.Santhi ... 2nd Respondent / Defacto complainant Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for records relating to the impugned charge sheet in C.C.No.211 of 2017 on the file of the Judicial Magistrate No.II, Madurai and to quash the same as far as the petitioners are concerned. 1/4

For Petitioners : Mr.A.Jayaramachandran For R1 : Mr.P.Kottai Chamy Government Advocate (Crl.Side)

O R D E R

The petitioners have filed this Petition to quash the proceedings in C.C.No.211 of 2017 on the file of the Judicial Magistrate No.II, Madurai.

2. The petitioners are facing the trial in C.C No.211 of 2017 on the file of the Judicial Magistrate No.II, Madurai for the offences under Sections 341, 143 and 188 IPC and Section 7(1) (a) of the Criminal Law Amendment Act, 2005. The occurrence took place on 30.03.2017 at about 11.15 A.M. The petitioners had assembled along with few others and tried to stage a road roko voicing their protest against Hydrocarbon project. In this regard, Crime No. 528 of 2017 was registered on the file of the first respondent.

3. The learned counsel for the petitioners relied on the earlier order of this Court in Crl.O.P.(MD)No.15319 of 2021, dated 01.12.2021, and submits that the case as against the co-accused/A8, A9 and A17 was quashed. 2/4

4. Since the proceeding in C.C.No.211 of 2017 as against the co-accused has already been quashed by this Court Crl.O.P.(MD)No.15319 of 2021, the petitioners are also entitled for the same relief.

5. Accordingly, this Petition is allowed and the proceedings in C.C.No. 211 of 2017 on the file of the Judicial Magistrate No.II, Madurai, is hereby quashed. Consequently, connected Miscellaneous Petition is closed. Index : Yes/No 10.06.2024 NCC : Yes/No LS To 1.The Judicial Magistrate No.II, Madurai

2. The Inspector of Police D1, Thallakulam Police Station, Madurai District.

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

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B.PUGALENDHI,J.

LS Order made in 10.06.2024 4/4