Madras High CourtCRL OP(MD)/5099/2022allowed

Selvam v. The Sub Inspector Of Police

2022-03-18Honourable Mr Justice G.K. Ilanthiraiyan2 pages

Crl.O.P.(MD) No.5099 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.03.2022

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN CRL.O.P (MD) No.5099 of 2022

1. Selvam

2. Ramasamy

3. Asokan

4. V.Ravichandran

5. Manokaran

6. Ramanthan

7. Dharmar ... Petitioners Vs

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

In Crime No.11/2018.

2. A.Rajesh, Sub Inspector of Police, Palanichettypatti Police Station, Theni District.

... Respondents PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to call for the records from the 1st respondent police in Crime No.11/2018 dated 05/01/2018 and quash the same as devoid of merits against the petitioners.

For Petitioner : Mr.A.Haja Mohideen For Respondents : Mr.R.M.Anbunithi Additional Public Prosecutor

O R D E R

This Criminal Original Petition has been filed to quash the proceedings in Crime No.11 of 2018 on the file of the respondent police.

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 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. https://www.mhc.tn.gov.in/judis 1/2

Crl.O.P.(MD) No.5099 of 2022 3.The learned Additional Public Prosecutor 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 Additional Public Prosecutor 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.11 of 2018 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 (AE) (*)Corrected as per the order of this Court dated 19/07/2022 made in Crl.O.P.(MD) No.5099 of 2022 Sd/- Assistant Registrar (CS-II) // True Copy // / /2022 Sub Assistant Registrar(CS) ias To (*)To be substituted to the order already despatched on 06/04/2022

1. The Sub Inspector of Police, Palanichettypatti Police Station, Theni District.

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

CRL.O.P (MD) No.5099 of 2022 18.03.2022 KG(CO) KB(01.04.2022) 2P 3C RD(27/07/2022) 2P 3C https://www.mhc.tn.gov.in/judis 2/2