Ibrahimsha v. The Inspector Of Police
Crl.O.P(MD).No.4622 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 16.03.2020
CORAM:
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P(MD).No.4622 of 2020 and Crl.M.P.(MD)Nos.2633 and 2634 of 2020 Ibrahimsha ... Petitioner/Accused No.8 Vs 1.The State Rep. by The Inspector of Police, Town Police Station, Ramanathapuram, Ramanathapuram District, In Crime No.304 of 2008. ... 1st Respondent/Complainant 2.S.Pandikumar ...2nd Respondent/Informant Prayer: Criminal Original Petitions filed under Section 482 of Cr.P.C. to call for the records in connection with P.R.C.No.14 of 2014, on the file of the learned Judicial Magistrate, Ramanathapuram No.I, Ramanathapuram District in connection with Crime No.304 of 2008, on the file of the Inspector of Police, Town Police Station, Ramanathapuram, Ramanathapuram District and quash the same as against the petitioners herein as illegal and devoid of merits forthwith.
For Petitioner : Mr.J.Sankarapandian For R1 : Mr.A.Robinson Government Advocate (Crl. side)
ORDER
The petitioner is figuring as accused No.8 in P.R.C.No. 14 of 2014, on the file of the learned Judicial Magistrate, Ramanathapuram No.I, Ramanathapuram District, for the offences under Section 147 of IPC and Section 3(i) of TNPPDL Act, 1992 r/w 149 of IPC. 2.The petitioner claims that he was unaware of the prosecution. In the meanwhile, the remaining accused were tried and honourably acquitted. The petitioner was said to have participated in a protest against the demolition of Babar Mosque. The accused were alleged to have caused damage to the tune of Rs.1,800/-. The petitioner through his counsel undertakes to pay a sum of Rs.2,000/- to concerned department.
3.Inasmuch as, the other accused have already been acquitted, I am of the view that the continuance of the impugned prosecution https://hcservices.ecourts.gov.in/hcservices/ 1/2
Crl.O.P(MD).No.4622 of 2020 against the petitioner is no longer warranted. In this view of the matter, the impugned proceedings stand quashed and the Criminal Original Petition is allowed. Consequently, connected miscellaneous petitions are closed. The petitioner shall make a payment within a period of four weeks from the date of receipt of a copy of this order.
Sd/- Assistant Registrar (AD-I) // True Copy // / /2020 Sub Assistant Registrar(CS) sji To 1.The Judicial Magistrate, Ramanathapuram No.I, Ramanathapuram District.
2.The Inspector of Police, Town Police Station, Ramanathapuram, Ramanathapuram District.
3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
+1 CC to Mr.J.SANKARAPANDIAN, Advocate ( SR-11886[F] dated 16/03/2020 ) Crl.O.P(MD).No.4622 of 2020 16.03.2020 VB(19.05.2020) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2