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Madras High CourtCRL OP(MD)/3080/2022allowed

Alagupandi @ Alagumuthupandi v. The Sub Inspector Of Police

2022-02-14Honourable Mr Justice G.K. Ilanthiraiyan2 pages

Crl.O.P.(MD) No.3080 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 14.02.2022

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.(MD) No.3080 of 2022 Alagupandi @ Alagumuthupandi

...Petitioner/Accused

Vs.

1. The Sub Inspector of Police Aruppukottai Taluk Police Station Virudhunagar District ... Respondent/Complainant 2.Barathirajan

...Respondent/

Defacto Complainant PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C. praying to call for the records in connection with the impugned Charge Sheet in C.C.No. 140 of 2021 on the file of the learned Judicial Magistrate Court, Aruppukottai, Virudhunagar District and quash the same in so far as the Petitioner is concerned. For Petitioner : M/s.Raja Ravi Varma For Respondents : Mr.K.Sanjai Gandhi No.1 Government Advocate(Crl.Side)

ORDER

This petition has been filed seeking direction to quash the proceedings in C.C.No. 140 of 2021 on the file of the learned Judicial Magistrate Court, Aruppukottai, Virudhunagar District.

2. The learned counsel for the petitioner would submit that some of the co- accused in this case has filed a petition in Crl.O.P (MD) No.167 of 2022 to quash the proceedings as against some of the accused and this Court by an order dated 04.02.2022,has quashed the proceedings as against some of the accused persons. The order passed by this Court is extracted hereunder:

"This Criminal Original Petition has been filed by the fifth accused in C.C.No.147 of 2021 on the file of the Judicial magistrate, Aruppukottai. There is a cross case in C.C.No.140 of 2021 on the file of the very same Court.

2.The Parties have arrived at compromise. They have no objection for quashing both the proceedings in toto.

https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD) No.3080 of 2022 3.Though this Criminal Original Petition has been filed by only one of the accused in C.C.No.147 of 2021, since there is consensus among the parties, the proceedings in C.C.No.140 of 2021 as well as C.C.No.147 of 2021 on the file of Judicial Magistrate, Aruppukottai, are both quashed in toto.

4.With the said observation, this Criminal Original Petition is allowed. Consequently, the connected Miscellaneous petition is also closed".

3. Under such circumstances, no useful purpose will be served in keeping the CC No.140 of 2021 on the file of the learned Judicial Magistrate Aruppukottai, pending as against the present petitioner.

4.In view of the same, this criminal Original Petition stands allowed and as a sequel, the proceedings in CC No.140 of 2021 on the file of the learned Judicial Magistrate Aruppukottai, is quashed.

Sd/- Assistant Registrar (CS-I) // True Copy // / /2022 Sub Assistant Registrar(CS) aav To 1.The Judicial Magistrate Aruppukottai, Virudhunagar district.

2. The Sub Inspector of Police Aruppukottai Taluk Police Station Virudhunagar District 3.The Additional Public Prosecutor Madurai Bench of Madras High Court, Madurai.

Crl.O.P.(MD) No.3080 of 2022 14.02.2022 RD(04.03.2022) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2