Madras High CourtCRL OP(MD)/3568/2020allowed

Chellapandiyan v. The Inspector Of Police

2020-02-27Honourable Mr Justice A.D.Jagadish Chandira2 pages

Crl.O.P.(MD)No.3568 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.02.2020

CORAM:

THE HONOURABLE MR. JUSTICE A.D.JAGADISH CHANDIRA Crl.O.P.(MD)No.3568 of 2020 and Crl.M.P.(MD).No.1921 of 2020 Chellapandiyan ... Petitioner Vs 1.The State through, The Inspector of Police, Pudukkottai Town Police Station, Pudukkottai.

(Crime No.62 of 2018) 2.Paravasu Devan ... Respondents/ Complainant Prayer:Criminal Original Petition filed under Section 482 Cr.P.C. to call for the entire records in Crime No.62 of 2018 on the file of the Inspector of Police, Pudukkottai Town Police Station, Pudukkottai and quash the same.

For Petitioner : Mr.P.Ganapathi Subramanian For 1stRespondent : Mrs.S.Bharathi Government Advocate (Crl. Side)

ORDER

This Criminal Original Petition has been filed to quash the proceedings in Crime No.62 of 2018 on the file of the Inspector of Police, Pudukkottai Town Police Station, Pudukkottai for the offences under Sections 143 and 188 of IPC.

2.The learned counsel appearing for the petitioner 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 the 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 Government Advocate(Crl.Side) appearing for the respondent Police would submit that the facts of the case are similar to the facts covered under the Judgment referred above. https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.3568 of 2020 4.Heard the learned counsel appearing for the petitioner and the learned Government Advocate(Crl.Side) appearing for the first respondent Police.

5. Perused the materials on record 6.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. Accordingly, the proceedings in Crime No. 62 of 2018 on the file of the Inspector of Police, Pudukkottai Town Police Station, Pudukkottai is hereby quashed insofar as the petitioner alone and the Criminal Original Petition is allowed. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar (P&A) // True Copy // / /2020 Sub Assistant Registrar(CS) vsg To 1.The Inspector of Police, Pudukkottai Town Police Station, Pudukkottai.

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

+1 CC to M/s.P.GANAPATHI SUBRAMANIAN, Advocate ( SR-9017[F] dated 27/02/2020 ) Crl.O.P.(MD)No.3568 of 2020 and Crl.M.P.(MD).No.1921 of 2020 27.02.2020 AP (19.03.2020) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2