Madras High CourtCRL OP(MD)/2461/2021allowed

T.Selvaraj v. The Inspector Of Police

2021-12-10Honourable Mr Justice G.R.Swaminathan2 pages

Crl.O.P.(MD)No.2461 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 10.12.2021

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P.(MD)No.2461 of 2021 and CRL.M.P.(MD)Nos.1288 & 1289 of 2021

1. T.Selvaraj

2. M.Kannan

3. S.Veltheva

4. Uchimaakali

5. A.Ajithkumar

6. G.Rajesh

7. M.Kurinjithen ... Petitioners / Accused Nos.1 to4 & 6 to 8 Vs.

1.State rep. By, The Inspector of Police, Thallakulam police station, Madurai.

(Crime No.1748 of 2017) ... 1st Respondent / Complainant 2.A.Azhagumuthu The Sub Inspector of Police, Thallakulam police station, Madurai.

... 2nd Respondent / Defacto Complainant Prayer: Criminal Original petition is filed under Section 482 of Cr.P.C, to call for the records relating to the charge sheet in C.C.No.525 of 2019 on the file of the learned Judicial Magistrate No.II, Madurai and quash the same as illegal in respect of the petitioners / accused Nos.1 to 4 and 6 to 8.

For Petitioners : Mr.K.Pandiarajan For R-1 : Mr.T.Senthil Kumar, Additional Public Prosecutor.

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O R D E R

Heard the learned counsel on either side.

2. This criminal original petition has been filed for quashing the proceedings in C.C.No.525 of 2019 registered on the file of the Judicial Magistrate No.II, Madurai.

3. The petitioners had assembled to voice their protest against the NEET in the wake of the death of a candidate by name Anitha. https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.2461 of 2021

4. I can take judicial notice of the fact that throughout Tamil Nadu, there were spontaneous agitations on the same lines. In any event, the respondent police could not have registered the First Information Report for the offence under Section 188 of I.P.C. Be that as it may, no adverse consequence ensued. Registration of the First Information Report for the other offences cannot be faulted. But Continuance of the impugned prosecution is not necessary.

5. Therefore, the impugned proceedings are quashed. This criminal original petition is allowed. Consequently, connected miscellaneous petitions are closed.

Sd/- Assistant Registrar (T&P) // True Copy // / /2021 Sub Assistant Registrar(CS) PMU Note: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To:

1.The Judicial Magistrate No.II, Madurai.

2.The Inspector of Police, Thallakulam police station, Madurai.

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

Crl.O.P.(MD)No.2461 of 2021 10.12.2021 AM(CO) GC(27.12.2021) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2