Madras High CourtCRL OP(MD)/3475/2020allowed

Raja v. The Inspector Of Police

2020-02-26Honourable Mr Justice A.D.Jagadish Chandira2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 26.02.2020

CORAM:

THE HONOURABLE MR. JUSTICE A.D. JAGADISH CHANDIRA Crl.O.P.(MD).No.3475 of 2020 and Crl.M.P(MD)No.1865 of 2020 Raja

...Petitioner

Vs.

1. The Inspector of Police Alanganallur Police Station Alanganalllur Madurai District

2. S.Annaraj The Inspector of Police Alanganallur Police Station Alanganallur, Madurai District ... Respondents PRAYER: This Criminal Original Petition has been filed under Section 482 of Criminal Procedure Code, to call for the records relating to the FIR in Crime No.51 of 2017 dated 18.01.2017 on the file of the first respondent police and quash the same as illegal in respect of this petitioenr.

For Petitioner : Mr.V.S.Kishok Kumar For Respondents : Mrs.S.Bharathi Government Advocate(Crl.Side)

ORDER

This Criminal Original Petition has been filed to quash the proceedings in Crime No.51 of 2017 dated 18.01.2017 on the file of the respondent police for the offences under Sections 143,341 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 https://hcservices.ecourts.gov.in/hcservices/ 1/2

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 would submit that the facts of the case are similar to the facts covered under the Judgment referred above. 4.Heard the learned counsel appearing for the petitioner and the learned Government Advocate(Crl.Side) appearing for the respondent.

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.51 of 2017 dated 18.01.2017 on the file of the respondent police is hereby quashed insofar as the petitioner alone and the Criminal Original Petition is allowed. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar(AS) // True Copy // / /2020 Sub Assistant Registrar(CS) aav To

1. The Inspector of Police, Alanganallur Police Station Alanganalllur, Madurai District

2. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. +1 CC to M/s.V.S.KISHOK KUMAR, Advocate ( SR-8696[F] Crl.O.P.(MD).No.3475 of 2020 and Crl.M.P(MD)No.1865 of 2020 26.02.2020 VB(10.03.2020)2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2