Maharajan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.04.2015

CORAM:

THE HONOURABLE MR.JUSTICE M.M.SUNDRESH CRL.O.P(MD)No.8220 of 2015 1.Maharajan 2.Vairamuthu 3.Selvam 4.Kasappandi 5.Mottaiyandi 6.Autokumar 7.Tamilan 8.Vetri 9.Thesingu Raja ... Petitioners/Accused Vs.

1.The State, Rep. By the Inspector of Police, Andipatti Police Station, Theni District.

(Crime No.502 of 2012) ... 1st Respondent/Complainant 2.S.Ganesan ... 2nd Respondent/Defacto complainant Prayer: Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure, 1908 praying to call for records relating to the proceedings in P.R.C.No.23 of 2013 on the file of the Judicial Magistrate, Andipatti and quash the same and pass such further or other orders.

For Petitioners : Mr.P.Senguttuarasan For R - 1 : Mrs.S.Prabha Government Advocate (Crl. Side) For R - 2 : Mr.K.Murugan

ORDER

This Criminal Original Petition has been filed praying to call for records relating to the proceedings in P.R.C.No.23 of 2013 on the file of the Judicial Magistrate, Andipatti and quash the same.

2. Heard the learned counsel appearing for the petitioners, the learned Government Advocate (Criminal Side) appearing for the first respondent and the learned counsel appearing for the second respondent.

3. The petitioners are arrayed as accused in Crime No.502 of 2012 for the alleged offences under Sections 147, 148, 149 ad 3(i) of TNPPDL Act which has been taken on file in P.R.C.No.23 of 2013 on the file of the learned Judicial Magistrate, Andipatti.

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4. When the matter is taken up for hearing, the learned counsel appearing for the petitioner and respondent No.2 submitted that in so far as 17 accused are concerned, by order dated 16.09.2014 in Crl.O.P(MD) No.16735 of 2014, the dispute has been resolved. What remains to be resolved is only with regard to the present petitioners.

5. The learned counsel appearing for respondent No.2 submitted that there is no objection to quash the impugned proceedings in view of the earlier order passed by this Court in Crl.O.P(MD)No.16735 of 2014, which reads as follows:- "Earlier by order dated 12.09.2014, based on the statement made by the second respondent/defacto complainant, the proceeding was quashed in respect of all the petitioners except 9th petitioner. On the day, this Court made an observation that 'on appearance of the 9th petitioner, the case against him will be quashed'. Today, when the matter is called, the 9th respondent/Gokul Anand is present. As already the second respondent/defacto complainant submitted that the matter has been settled at the intervention of the elders, the proceeding against him also quashed."

6. Accordingly, this Criminal Original Petition is allowed and the proceedings in P.R.C.No.23 of 2013 on the file of the learned Judicial Magistrate, Andipatti is quashed.

Sd/- Assistant Registrar(Writs) \\True copy\\ Sub Assistant Registrar To 1.The Judicial Magistrate,Andipatti.

2.The Chief Judicial Magistrate, Theni District 3.The Inspector of Police,Andipatti Police Station, Theni District.

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

+1cc to MR.P.SENGUTTARASAN, ADVOCATE SR.NO.24448 CRL.O.P(MD)No.8220 of 2015 29.04.2015 PS NA/IV/26/05/2015/P2/6C https://hcservices.ecourts.gov.in/hcservices/