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Madras High CourtCRL OP(MD)/8195/2022allowed

R.Thangaraj v. The Sub 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 and Crl.M.P(MD)Nos.5532 and 5533 of 2022 1.R.Thangaraj 2.R.Baskar 3.R.Ashok Kumar 4.P.Muneeswaran 5.M.Shanmugaraj 6.R.Seeniraja 7.K.Vignesh 8.R.Murugan 9.L.Kamaraj 10.K.Ramaraj 11.Thirumalaisamy 12.R.Rajendran 13.M.Ravikumar 14.M.Moorthy 15.R.Ramarajan @ Ramaraj 16.R.Essakki 17.V.Chandran 18.R.Murugesan 19.M.Ramaraj 20.R.Rajan 21.S.Raja @ Rathina Raja 1/3

22.R.Saravanan 23.P.Mariyappan 24.R.Dinesh @ Dinesh Kumar

...Petitioners

Vs.

1. The Sub-Inspector of Police, Sambavarvadakarai Police Station, Tirunelveli District.

(Crime No.133 of 2015)

2. The Inspector of Police, Achenpudur Circle, Tirunelveli.

3.P.Meganathan, Special Sub-Inspector of Police, Sambavarvadakarai Police Station, Tirunelveli District.

... Respondents PRAYER: This Criminal Original Petition has been filed under Section 482 of Criminal Procedure Code, to call for the records in pursuant to the proceedings in S.T.C.No.592 of 2016, on the file of the learned Judicial Magistrate, Sengottai and quash the same. For Petitioners : Mr.R.Jenifar Bibin For Respondents : Mr.B.Thanga Aravindh Government Advocate (Crl.Side)

ORDER

This Criminal Original Petition has been filed to quash the proceedings in S.T.C.No.592 of 2016, on the file of the learned Judicial Magistrate, Sengottai.

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 Government Advocate (Crl.Side) appearing for the respondent would submit that the facts of the case are similar to the facts covered under the Judgment referred above. 2/3

4.Heard the learned counsel appearing for the petitioners and the learned Government Advocate (Crl.Side) 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 S.T.C.No.592 of 2016, on the file of the learned Judicial Magistrate, Sengottai is hereby quashed insofar as the petitioners alone and the Criminal Original Petition is allowed. Consequently, connected miscellaneous petitions are closed. Sd/- Assistant Registrar (Crl Side) // True Copy // / /2022 Sub Assistant Registrar(CS) Lr To

1. The Sub-Inspector of Police, Sambavarvadakarai Police Station, Tirunelveli District.

2. The Inspector of Police, Achenpudur Circle, Tirunelveli.

3.The Special Sub-Inspector of Police, Sambavarvadakarai Police Station, Tirunelveli District.

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

+1 CC to M/s.R. JENIFAR BIBIN, Advocate ( SR-23235[F] dated 02/05/2022 ) 29.04.2022 RD(26.05.2022) 3P 6C 3/3