← Library
Madras High CourtCRL OP(MD)/6350/2022allowed

M. Kumar v. The Inspector Of Police

2022-04-06Honourable Mr Justice G.K. Ilanthiraiyan2 pages

Crl.O.P.(MD)No.6350 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 06.04.2022

CORAM:

THE HON'BLE MR.JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.(MD)No.6350 of 2022 and Crl.M.P(MD) No.4410 of 2022 M.Kumar

...Petitioner/Petitioner

Vs.

1. The State Rep by its The Inspector of Police, Keelathooval Police Station, Ramanathapuram.

(Crime No.129/2016)

2. Kamalanathan ... Respondents Prayer: Criminal Original Petition filed under Section 482 Cr.P.C. to call for the records relating to the case in S.T.C.No. 164 of 2017 on the file of the learned Judicial Magistrate, Muthukulathoor at Ramanathapuram District and quash the same. For Petitioner : Mr.P.R.Boomee Rajan For Respondents : Mr.R.M.Anbunithi Additional Public Prosecutor (Criminal side) for R1

ORDER

This Criminal Original Petition has been filed to quash the proceedings in in S.T.C.No.164 of 2017, on the file of the learned Judicial Magistrate, Muthukulathoor at Ramanathapuram District. 2.The learned counsel appearing for the petitioner 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 Government Advocate appearing for the respondent police 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 Government Advocate appearing for the respondent police. https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.6350 of 2022

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 S.T.C.No.164 of 2017, on the file of the learned Judicial Magistrate, Muthukulathoor at Ramanathapuram District, is hereby quashed insofar as all the accused persons and the Criminal Original Petition is allowed. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar (P&A) // True Copy // / /2022 Sub Assistant Registrar(CS) PNM 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:

1.The Judicial Magistrate, Muthukulathoor at Ramanathapuram District.

2. The Inspector of Police, Keelathooval Police Station, Ramanathapuram.

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

+1 CC to M/s.PR BOOMEE RAJAN, Advocate ( SR-17603[F] dated 08/04/2022 ) Crl.O.P.(MD)No.6350 of 2022 and Crl.M.P(MD) No.4410 of 2022 06.04.2022 RK(19/04/2022) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2