Madras High CourtCRL OP(MD)/3795/2020allowed

Periyandavar v. The Inspector Of Police

2020-02-28Honourable Mr Justice A.D.Jagadish Chandira2 pages

Crl.O.P.(MD)No.3795 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.02.2020

CORAM:

THE HONOURABLE MR. JUSTICE A.D.JAGADISH CHANDIRA Crl.O.P.(MD)No.3795 of 2020 and Crl.M.P.(MD).Nos.2061 and 2063 of 2020 1.Periyandavar 2.Muthu 3.Rajkumar 4.Anantha Suresh 5.Ravichandran 6.Muniyasamy 7.Karuppasamy 8.Jeyamurugan 9.Muthuvel 10.Muthu 11.Senthilkumar 12.Shanmugavel 13.Vikrantha Krishnasamy 14.Pandiyan 15.Paramasivam 16.Arokkiyasamy 17.Manoharan 18.Innachimuthu ... Petitioners Vs State rep. by, The Inspector of Police, Alankulam Police Station, Virudhunagar District.

(Crime No.38 of 2017) ... Respondent Prayer:Criminal Original Petition filed under Section 482 Cr.P.C. to call for the records pertaining to the case in S.T.C.No.628 of 2018 on the file of the learned Judicial Magistrate No.2, Sattur and quash the same.

For Petitioner : Mr.N.Mariappan For Respondent : Mr.R.Anandharaj Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed to quash the proceedings in S.T.C.No.628 of 2018 on the file of the learned Judicial Magistrate No.2, Sattur, as against the petitioners, for the offence under Section 143 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 https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.3795 of 2020 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 police 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.628 of 2018 on the file of the learned Judicial Magistrate No.2, Sattur, is hereby quashed insofar as the petitioners are concerned and the Criminal Original Petition is allowed. Consequently, the connected criminal Miscellaneous petitions are closed.

Sd/- Assistant Registrar (Crl.side) // True Copy // / /2020 Sub Assistant Registrar(CS) vsg To:

1.The Judicial Magistrate No.2, Sattur.

2.The Inspector of Police, Alankulam Police Station, Virudhunagar District.

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

+1 CC to M/s.N.MARIAPPAN, Advocate ( SR-9326[F] dated 28/02/2020 ) Crl.O.P.(MD)No.3795 of 2020 and Crl.M.P.(MD).Nos.2061 and 2063 of 2020 28.02.2020 sma/20/03/2020/2p/5c https://hcservices.ecourts.gov.in/hcservices/ 2/2