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Madras High CourtCRL OP(MD)/6809/2022allowed

D.Duraisampath v. The Inspector Of Police

2022-04-12Honourable Mr Justice G.K. Ilanthiraiyan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 12.04.2022

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN and Crl.M.P(MD)Nos.4713 and 4714 of 2022

1. D.Duraisampath

2. P.Periyasamy

3. A.Ganesan

4. P.Duraisamy

5. M.Vivek

6. D.Subramanian

7. A.Palanisamy

8. P.Paraman

9. S.Thangapandi

10. A.Ananthakrishnan @ Ventriventhan

11. R.Sumathi

12. P.Gopal

13. R.Murugesan

14. R.Ramasamy

15. M.Sakthivel 16.S.Thomas 17.R.Krishnamoorthy 18.S.Manokaran 19.P.Kanagaraj

20. V.Ganesan

21. R.Vellaipandiyan

22. A.Ravana

...Petitioners

Vs.

1. The Inspector of Police Town North Police Station Dindigul District (Crime No.222 of 2013)

2. K. Pugalenthi The Inspector of Police Town North Police Station Dindigul District ... Respondents PRAYER: This Criminal Original Petition has been filed under Section 482 of Criminal Procedure Code, to call for the records pertaining to the Charge Sheet in CC No.174 of 2013 on the file of the Judicial Magistrate No.II, Dindigul in Crime NO.222 of 2022 dt.14/4/2013 on the file of R1 police for alleged offences U/s.143 and 188 of IPC and Quash the same.

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For Petitioners : Mr.T.Thirumurugan For Respondents : Mr.R.M.Anbunithi No.1 Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed to quash the proceedings in CC No.174 of 2013 on the file of the Judicial Magistrate No.II, Dindigul.

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 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 CC No.174 of 2013 on the file of the Judicial Magistrate No.II, Dindigul is hereby quashed insofar as the petitioners alone and the Criminal Original Petition is allowed. Consequently, connected miscellaneous petitions are closed. Sd/- Assistant Registrar (Writs) // True Copy // / /2022 Sub Assistant Registrar(CS) aav 2/3

To 1.The Judicial Magistrate No.II, Dindigul.

2. The Inspector of Police Town North Police Station Dindigul District

3. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. +1 CC to M/s.T. THIRUMURUGAN, Advocate ( SR-19091[F] dated 18/04/2022 ) and Crl.M.P(MD)Nos.4713 and 4714 of 2022 12.04.2022 RK(26/04/2022) 3P 5C 3/3