Madras High CourtCRL OP(MD)/3410/2020allowed

Subbaiyan v. The Inspector Of Police

2020-02-26Honourable Mr Justice A.D.Jagadish Chandira3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 26.02.2020

CORAM:

THE HONOURABLE MR. JUSTICE A.D. JAGADISH CHANDIRA 1.Subbaiyan 2.Sathasivam 3.Boopathi 4.Chellamuthu 5.Ramasamy 6.Anbalagan 7.Duraisamy 8.Rajamani 9.Prabhu 10.Mohan 11.Shanmugam 12.Rengasamy 13.Muthusamy 14.Subramani 15.Nallammal 16.Thangaraj 17.Natarajan 18.Palanisamy 19.Jayalakshmi 20.Padmavathi 21.Sathiya '22.Sudharajan ... Petitioners/A1 to A22 Vs.

The State rep. By The Inspector of Police, K.Paramathi Police Station, Karur District.

(Crime No.328 of 2017) ... Respondent/Complainant 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.55 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

ORDER

This Criminal Original Petition has been filed to quash the proceedings in S.T.C.No.55 of 2019 pending before the learned 1/3

Judicial Magistrate, Aravakurichi, Karur District for the offences under Sections 143 and 188 of IPC.

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 respondent 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.55 of 2019 pending before the learned Judicial Magistrate, Aravakurichi, Karur District is hereby quashed insofar as the petitioners are concerned and the Criminal Original Petition is allowed. Sd/- Assistant Registrar (records) // True Copy // / /2020 Sub Assistant Registrar(CS ) gns To 1.The Judicial Magistrate, Aravakurichi, Karur District.

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

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

+1 CC to Mr.M.BINDRAN, Advocate ( SR-8507[F] dated 26/02/2020 ) Crl.O.P.(MD)No.3410 of 2020 26.02.2020 MK (11.03.2020) 3P 5C 3/3