Madras High CourtCRL OP(MD)/3770/2021allowed

Saravanakumar v. The Inspector Of Police

2021-12-13Honourable Mr Justice G.R.Swaminathan2 pages

Crl.O.P.(MD)No. 3770 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 13.12.2021

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P.(MD)No. 3770 of 2021 and Crl.M.P.(MD)No.2100 of 2021 Saravanakumar ... Petitioner/Sole Accused Vs.

1.The State represented by The Inspector of Police, South Police Station, Rajapalayam, Virudhunagar District.

(Crime No.239 of 2018) ... 1st Respondent/Complainant 2.Arun Kumar, Sub Inspector of Police, South Police Station, Rajapalayam Town, Virudhunagar District.

... 2nd Respondent/ Defacto Complainant Prayer : Criminal Original Petition is filed under Section 482 Cr.P.C., to call for records pertaining the proceedings in S.T.C.No.2382 of 2018 pending on the file of the Judicial Magistrate Court, Rajapalayam and quash the same.

For Petitioner : Mr.M.Thirunavukkarasu For Respondents : Mr.E.Antony Sahaya Prabahar Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed to quash the proceedings in S.T.C.No.2382 of 2018 on the file of the Judicial Magistrate Court, Rajapalayam. The petitioner is sought to be prosecuted for the offence under Section 75(1)(c) of Tamil Nadu City Police Act, 1888. The occurrence is said to have taken place in (*) Ramalingapuram village in Rajapalayam Taluk. The petitioner asserts that the provisions of City Police Act have not been extended to the said (*)village. This factual assertion is not disputed by the learned Additional Public Prosecutor. Hence the impugned proceedings stand quashed. This Criminal Original Petition is https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No. 3770 of 2021 allowed. Consequently connected miscellaneous petitions is closed. Sd/- Assistant Registrar (CS-II) (*)Amended as per the order of this court dated 12.01.2022 made in CRL.OP(MD).No. 3770 of 2021 Sd/- Assistant Registrar (P&A) // True Copy // / /2022 Sub Assistant Registrar(CS) mga 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 (*) to be substituted the order already despatched on 10.01.2022 1.The Judicial Magistrate, Rajapalayam 2.The Inspector of Police, South Police Station, Rajapalayam,Virudhunagar District.

3.The Sub Inspector of Police, South Police Station, Rajapalayam Town,Virudhunagar District.

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

+1 CC to M/s.M.THIRUNAVUKKARASU, Advocate (SR-38500[F] dated 14/12/2021 ) Crl.O.P.(MD)No.3770 of 2021 and Crl.M.P.(MD)No.2100 of 2021 13.12.2021 NSN(CO) GC(07.01.2022) 2P 6C NSN(CO) KB(01.02.2022) 2P 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2