Johnson Durai @ Johnson v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 23.03.2023

CORAM

The Hon'ble Mr.Justice G.ILANGOVAN CRL OP(MD. No.3074 of 2023 and CMP(MD).Nos.2818 and 2819 of 2023 1.Johnson Durai 2.Suman 3.Sakthi @ Sakthiganesa mani 4.Esakkiraja 5.Murukesh 6.Duraisamy 7.Murugan ... Petitioners Vs 1.State rep. by the Inspector of Police, Panagudi Police Station, Tirunelveli District.

Crime No.53 of 2018 2.Sahadevan Respondents Prayer: Criminal Original Petition filed under Section 482 Cr.P.C., to call for the records relating to the impugned charge sheet in C.C.No.308 of 2018 on the file of the Judicial Magistrate, Vallioor, Tirunelveli District and quash the same.

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For Petitioners : Mr.G. Aravinthan For Respondent : Mr.R. Sivakumar Government Advocate (Crl. Side)

ORDER

This Criminal Original Petition has been filed to call for the records relating to the impugned charge sheet in C.C.No.308 of 2018 on the file of the Judicial Magistrate, Vallioor, Tirunelveli District and quash the same.

2. The learned counsel appearing for the petitioners submitted that the co-accused moved Crl.O.P(MD).Nos. 8680 and 8681 of 2019 and that was allowed by this Court on 02.02.2022 and quashed the C.C.No.308 of 2018 on the file of the Judicial Magistrate, Vallioor, Tirunelveli District by following the Judgment rendered in Jeevanantham and others Vs. State represented by the Inspector of Police reported in 2018(2) LW (Crl.,) 606 and other subsequent cases. He further submitted that the benefit of the above said order can be extended to the petitioners also, since these petitioners are also standing 2/4

on the same footing. Perusal of the records shows the same on that ground, this petition is liable to be allowed.

3. In the result, the Criminal Original petition is allowed and the proceedings in C.C.No.308 of 2018 on the file of the Judicial Magistrate, Vallioor, Tirunelveli District as against the petitioners are quashed. Consequently, the connected miscellaneous petitions are closed. 23.03.2023 Index : Yes / No Internet: yes / No trp To 1.The Judicial Magistrate, Vallioor, Tirunelveli District. 2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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G.ILANGOVAN,J trp CRL OP(MD. No.3074 of 2023 and CMP(MD).Nos.2818 and 2819 of 2023 Date : 23.03.2023 4/4