Madras High CourtCRL OP(MD)/8057/2020allowed

Sinthanaiselvan v. The Inspector Of Police

2020-08-03Honourable Mr Justice R. Pongiappan2 pages

Crl.O.P.[MD]No.8057 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.08.2020

CORAM:

THE HONOURABLE MR.JUSTICE R.PONGIAPPAN Crl.O.P.[MD]No.8057 of 2020 and Crl.M.P(MD) No.3831 of 2020 Sinthanaiselvan ... Petitioner/Sole Accused Vs.

State through The Inspector of Police, Madukkur Police Station, Thanjavur District.

(in Crime No.676 of 2020) ... Respondent PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to call for the records relating to the proceeding in Crime No.676 of 2020 on the file of the respondent and quash the same as illegal.

For Petitioner : Mr.M.Kannan For Respondent : Mr.A.P.G.Ohm Chairma Prabhu Government Advocate.

O R D E R

This Criminal Original Petition has been filed by the petitioner seeking to quash the FIR registered against him in Crime No.676 of 2020 on the file of the respondent. 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, decided on 20.09.2018] and in the case of Sri Raja vs. Inspector of Police, Sivakasi Town Police Station, Virudhunagar District and another [Crl.O.P(MD)No.7922 of 2019 etc. batch, decided on 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 both sides and perused the materials on record. https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.[MD]No.8057 of 2020 5.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, decided on 20.09.2018] and in the case of Sri Raja vs. Inspector of Police, Sivakasi Town Police Station Virudhunagar District and others [Crl.O.P.(MD)No.7922 of 2019 etc. batch, decided on 30.08.2019]. Considering the facts and submissions, the FIR registered in Crime No.676 of 2020, on the file of the respondent, is hereby quashed insofar as the petitioner is concerned.

6.Accordingly, this Criminal Original Petition is allowed. Consequently, connected Miscellaneous Petition is closed. Sd/- Assistant Registrar // True Copy // / /2020 Sub Assistant Registrar(CS ) cp 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 Inspector of Police, Madukkur Police Station, Thanjavur District.

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

+1 CC to Mr.M. KANNAN, Advocate (SR-13626[F] dated 05/08/2020) Crl.O.P.[MD]No.8057 of 2020 03.08.2020 CS (21.08.2020) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2