Madras High CourtCRL OP(MD)/8435/2022allowed

Amaanulla v. The Inspector Of Police

2022-04-29Honourable Mr Justice G.K. Ilanthiraiyan2 pages

Crl.O.P(MD)No.8435 of 2022 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.8435 of 2022 and Crl.M.P.(MD).Nos.5701 and 5704 of 2022 Amaanulla ... Petitioner Vs.

1.The Inspector of Police, Colachel Police Station, Kanyakumari District.

(In Crime No.38 of 2020) 2.Jothi Stanislas ... Respondents Prayer: Criminal Original Petition is filed under Section 482 Cr.P.C., to call for the records pertaining to the charge sheet in S.T.C.No.764 of 2020 on the file of the learned Judicial Magistrate, Eraniel and quash the same.

For Petitioner : Mr.K.Naveentharaja For R-1 : 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.764 of 2020 on the file of the learned Judicial Magistrate, Eraniel.

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.

3. The learned Government Advocate appearing for the respondent police would submit that the facts of the case are similar to the facts covered under the Judgment referred above. https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P(MD)No.8435 of 2022 4.Heard the learned counsel appearing for the petitioner and the learned Government Advocate appearing for the respondent police.

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.764 of 2020 on the file of the learned Judicial Magistrate, Eraniel, is hereby quashed insofar as the petitioner alone and the Criminal Original Petition is allowed. Consequently, connected miscellaneous petitions are closed.

Sd/- Assistant Registrar (CS-I) // True Copy // / /2022 Sub Assistant Registrar(CS) vsg 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 Judicial Magistrate, Eraniel.

2.The Inspector of Police, Colachel Police Station, Kanyakumari District.

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

Crl.O.P(MD)No.8435 of 2022 and Crl.M.P.(MD).Nos.5701 and 5704 of 2022 29.04.2022 RD(23.05.2022) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2