Madras High CourtCRL OP(MD)/4474/2022allowed

G.Rajesh v. The Sub Inspector Of Police

2022-03-09Honourable Mr Justice G.K. Ilanthiraiyan2 pages

Crl.O.P(MD)No.4474 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 09.03.2022

CORAM

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN Crl.O.P(MD)No.4474 of 2022 G.Rajesh ... Petitioner/ Accused Rank not known Vs.

1.The State represented by The Sub Inspector of Police, Gudalur North Police Station, Theni District.

(Crime No.115 of 2017) ... 1st Respondent

2. Bala Sundaram ... 2nd Respondent/ Defacto Complainant Prayer: Criminal Original Petition is filed under Section 482 Cr.P.C., to call for the records from the first respondent police in Crime No.115 of 2017 dated 25.04.2017 and quash the same. For Petitioner : Mr.A.Haja Mohideen For Respondents : Mr.R.M.Anbunithi Additional Public Prosecutor (Criminal Side) for R.1

ORDER

This Criminal Original Petition has been filed to call for the records from the first respondent police in Crime No.115 of 2017 dated 25.04.2017 and quash the same.

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 Additional Public Prosecutor (Criminal Side) appearing for the first respondent would submit that the facts of https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P(MD)No.4474 of 2022 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 (Criminal Side) appearing for the respondents.

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.115 of 2017 on the file of the respondent police is hereby quashed insofar as the petitioner alone and the Criminal Original Petition is allowed.

Sd/- Assistant Registrar (T&P) // True Copy // / /2022 Sub Assistant Registrar Note: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy,shall be the responsibility of the advocate/litigant concerned. To 1.The Sub Inspector of Police, Gudalur North Police Station, Theni District.

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

Crl.O.P(MD)No.4474 of 2022 09.03.2022 mga MS/17.03.2022/2P.3C https://hcservices.ecourts.gov.in/hcservices/ 2/2