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Madras High CourtCRL OP(MD)/5736/2022allowed

Parthasarathi v. The Sub Inspector Of Police

2022-03-29Honourable Mr Justice G.K. Ilanthiraiyan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.03.2022

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.(MD) No.5736 of 2022 1.Parthasarathi 2.Gowtham Bharathi 3.Naveen Kumar 4.Sindhu Mohan 5.Udayakumar 6.Selva 7.Subash 8.Velu Deva 9.Gopinath 10.Stephen Raj 11.Saravanan 12.Muthuraman 13.Marikani 14.Saranraj 15.Rajendiran 16.Selva 17.Thavabalan 18.Vignesh Kumar 19.Rajeshwari 20.Chellam 21.Gangadevi 22.Jeyarani

...Petitioners

Vs.

1. The State rep. by The Sub Inspector of Police, Thideer Nagar Police Station, Madurai District.

(Crime No.304/2018)

2. K.John

...Respondents

PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C. praying to call for the record in STC No.555/2020,on the file of the Judicial Magistrate V,Madurai and quash the same as devoid of merits For Petitioners : Mr.A.Haja Mohideen For Respondents : Mr.R.M.Anbunithi No.1 Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed to quash the proceedings in STC No.555 of 2020,on the file of the Judicial Magistrate No. V, Madurai.

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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

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 petitioners 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 STC No.555 of 2020,on the file of the Judicial Magistrate No. V, Madurai. is hereby quashed insofar as the petitioners alone and the Criminal Original Petition is allowed.

Sd/- Assistant Registrar (CS-I) // True Copy // / /2022 Sub Assistant Registrar(CS) aav To

1. The Judicial Magistrate No. V, Madurai.

2. The Sub Inspector of Police, Thideer Nagar Police Station, Madurai District.

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3. The Additional Public Prosecutor Madurai Bench of Madras High Court Madurai.

Crl.O.P.(MD) No.5736 of 2022 29.03.2022 SR(CO) KB(06.04.2022) 3P 4C 3/3