Madras High CourtCRL OP(MD)/6928/2022allowed

Subramanian v. The Inspector Of Police

2022-04-13Honourable Mr Justice G.K. Ilanthiraiyan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13.04.2022

CORAM:

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.(MD).No.6928 of 2022 and Crl.M.P(MD)No.4782 of 2022 1.Subramanian 2.Gubendran 3.Pathmanaban

...Petitioners/Accused 18,33 & 53

Vs.

1.State rep. by The Inspector of Police, Thideer Nagar Police Station Madurai City (Crime No.107/2020) ... 1st Respondent / Complainant 2.C.Panaraj ... 2nd Respondents / Defacto complainant PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C. to call for the records relating to the proceedings of the first information report in Crime No.107/2020 on the file of the respondent police and quash the same in respect of the petitioners/accused Nos.18, 33 and 53.

For Petitioners : Mr.D.Maxson Lobo For R-1 : Mr.R.M.Anbunithi Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed to quash the proceedings in Crime No.107/2020 on the file of the first 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://hcservices.ecourts.gov.in/hcservices/ 1/2

3. The learned Additional Public Prosecutor appearing for the first 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 first 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.107/2020 on the file of the first respondent police is hereby quashed insofar as the petitioners alone and the Criminal Original Petition is allowed. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CRL SIDE) // True Copy // / /2022 Sub Assistant Registrar(CS) lr To 1.The Inspector of Police, Thideer Nagar Police Station Madurai City 2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. Crl.O.P.(MD).No.6928 of 2022 13.04.2022 TR(04.05.2022) 2P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2