← Library
Madras High CourtCRL OP(MD)/7169/2022allowed

Maheswaran v. The Special Sub Inspector Of Police

2022-04-19Honourable Mr Justice G.K. Ilanthiraiyan2 pages

Crl.O.P.(MD).No.7169 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :19.04.2022

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.(MD).No.7169 of 2022 and Crl.M.P(MD)No.4932 of 2022 1.Maheswaran 2.Murugesan 3.Manicka Sundaran 4.Durairaj 5.Vellaisamy 6.Karuppaiah

...Petitioners

Vs.

1. The State Rep. by The Special Sub Inspector of Police, Mayanur Police Station, Karur District.

(Crime No.373 of 2017)

2. Parameshwaran Special Sub Inspector of Police-1401, Mayanur Police Station, Karur 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 STC.No. 30 of 2021 on the file of the District Munsif Cum Judicial Magistrate, Krishnarayapuram and quash the same.

For Petitioner : Mr.L.Prabakaran For Respondents : Mr.R.M.Anbunithi Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed to quash the proceedings in STC.No. 30 of 2021 on the file of the District Munsif Cum Judicial Magistrate, Krishnarayapuram.

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 https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD).No.7169 of 2022

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 STC.No. 30 of 2021 on the file of the District Munsif Cum Judicial Magistrate, Krishnarayapuram is hereby quashed insofar as the petitioners alone and the Criminal Original Petition is allowed. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar (T&P) // True Copy // / /2022 Sub Assistant Registrar(CS) aav To 1.The District Munsif Cum Judicial Magistrate, Krishnarayapuram.

2. The Special Sub Inspector of Police, Mayanur Police Station, Karur District.

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

+1 CC to M/s.L. PRABAKARAN, Advocate ( SR-19826[F] dated 20/04/2022 ) Crl.O.P.(MD).No.7169 of 2022 and Crl.M.P(MD)No.4932 of 2022 19.04.2022 RK(29/04/2022) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2