Madras High CourtCRL OP(MD)/5513/2023allowed

Jayaseelan v. The Inspector Of Police

2023-03-24Honourable Mr Justice G.Ilangovan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.03.2023

CORAM

THE HON'BLE MR.JUSTICE G.ILANGOVAN 1.Jayaseelan 2.Ganesan 3.Easwaran 4.Karuppaiah 5.Vengatesh 6.Muthusamy 7.Sathiya Rethinam 8.Sasikumar 9.Ravichandran 10.Sathishkumar 11.Durai Saravanan 12.Kaavudeen 13.Prabhakaran 14.Balaji 15.Dhilipan 16.Maheswaran ... Petitioners/Accused No.1 to 4, 6 to 10, 12 to 17 and 20.

Vs.

1.State Represented by.

The Inspector of Police, Pudukottai Town Police Station, Pudukottai District.

(In Crime No.129 of 2018) ...1st Respondent/Complainant 2.Vijayakumar ...2nd Respondent/Defacto Complainant 1/4

PRAYER : Criminal Original Petition filed under Section 482 of Criminal Procedure Code, to call for the records in connection with the impugned CC No.91/2019 on the file of the Learned Judicial Magistrate No.I, Pudukottai and Quash the same in so far as these petitioners are concerned.

For Petitioner : Mr.P.Ajutagore For R1 : Mr.B.Nambiselvan Additional Public Prosecutor

ORDER

Claiming benefit of the order that was passed by this Court in Crl.O.P(MD) No.13012 of 2022 dated 20.07.2022, which was filed by the accused No.18, this petition has been filed to quash the impugned C.C.No.91 of 2019 on the file of the Learned Judicial Magistrate No.I, Pudukottai.

2. On 10.07.2018 at about 10.15 a.m., when the Police parties were on their duties, they found the accused persons numbering about twenty assembling near old Government Hospital, conducted protest against the Health Minister of Tamil Nadu State and caused nuisance and disturbance to the public. Inspite of request made by the Police team to 2/4

vacate the place, they did not obey. On the basis of the above said occurrence, this petition has been filed.

3. Considering the facts and circumstances of this case and also considering the fact that these petitioners are standing on the very same grounds which was taken in Crl.O.P(MD) No.13012 of 2022, dated 20.07.2022 by the accused No.18, this petition is allowed without going into other aspects.

4. Hence, this Criminal Original Petition is allowed. 24.03.2023 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No Indu 3/4

G.ILANGOVAN ,J.

Indu To 1.The Inspector of Police, Pudukottai Town Police Station, Pudukottai District.

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

Order made in Dated: 24.03.2023 4/4