Madras High CourtCRL OP(MD)/8243/2022allowed

Manikandan v. The Inspector Of Police

2022-04-29Honourable Mr Justice G.K. Ilanthiraiyan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 29.04.2022

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.(MD).No.8243 of 2022 and Crl.M.P(MD)No.5572 of 2022

1. Manikandan

2. Nambiyar

3. Kathik Kannan

4. Joshaprajan

5. Aasai

6. Rajaguru

7. Sentamil

8. Muniyappan

9. Jeyameena 10.Maruthu 11.Pandi 12.Karthikeyan

13. Vignesh

14. Anitha

15. Santhiya ... Petitioners/Accused Nos.6,10,23,30,32,33,37,56, 65,89,90,122,123,134 & 137 Vs.

1. The Inspector of Police Periyur Police Station Periyur, Madurai District ... 1st Respondent/Complainant 2.Mahendran Sub Inspector of Police Saptur Police Station Saptur,Madurai District ... 2nd Respondents/Defacto Complainant PRAYER: This Criminal Original Petition has been filed under Section 482 of Criminal Procedure Code, to call for the records pertaining to the First Information Report in Crime No.2831 of 2020 on the file of the first respondent police and quash the same as illegal as against the petitioners/accused No.6,10, 23,30, 32,33, 37,56, 65,89, 90,122,123,134 and 113.

For Petitioners : Mr.T.Vadivelan For Respondents : Mr.B.Thanga Aravinth Government Advocate(Crl.Side)

ORDER

This Criminal Original Petition has been filed to quash the proceedings in Crime No.2831 of 2020 on the file of the 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

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 petitioners 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 Crime No.2831 of 2020 on the file of the 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 (CS II) // True Copy // / /2022 Sub Assistant Registrar(CS) aav To

1. The Inspector of Police Periyur Police Station Periyur, Madurai District

2. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. Crl.O.P.(MD).No.8243 of 2022 and Crl.M.P(MD)No.5572 of 2022 29.04.2022 SS/30.05.2022 : 3P/3C