Madras High CourtCRL OP(MD)/19146/2018allowed

Muthu Rahman v. The Inspector Of Police

2018-10-26Honourable Mr Justice N. Anand Venkatesh2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 26.10.2018

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Crl.O.P.(MD)No.19146 of 2018 and Crl.M.P.(MD)Nos.8580 & 8581 of 2018 1.Muthu Rahman 2.S.Yusuf Ali 3.R.Rahmathullah @ Kovai Rahmathullah 4.K.S.Abdur Rahman 5.Samsulnuha @ Samsul Rahmani 6.Pakkir Babu @ Pakkir Mohamed Althafi ... Petitioners/Petitioners Vs.

1.State Rep. by The Inspector of Police, C-2, Subramaniyapuram (Law and Order) Police Station, Madurai.

(Crime No.611 of 2015) 2.C.Sujatha ... Respondents/Respondents PRAYER:- Petition filed under Section 482 of Criminal Procedure Code seeking to call for the records pertaining to the case in C.C.No.15 of 2016 on the file of the Judicial Magistrate Court No.IV, Madurai and quash the same.

For Petitioners : Mr.S.M.A.Jinnah For Respondents : Mr.R.Anandharaj Additional Public Prosecutor for R.1

ORDER

This Criminal Original Petition is filed seeking to quash the proceedings in C.C.No.15 of 2016 on the file of the learned Judicial Magistrate No.IV, Madurai.

2. This case is squarely covered by the judgment of this Court made in Crl.O.P.(MD).No.1356 of 2018 etc batch, dated 20.09.2018. Insofar as the offence under Section 294(b) & 506(ii) IPC is concerned, the materials available on record does not satisfy the requirements of the said offence. It is seen that the petitioners were only expressing their displeasure against the attitude of the Government on the Police against the Community. By no stretch, this can be said to be an offence.

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3. In view of the above, the proceedings in C.C.No.15 of 2016 on the file of the learned Judicial Magistrate No.IV, Madurai, is hereby quashed and the Criminal Original Petition is allowed accordingly. Consequently, the connected miscellaneous petitions are closed.

Sd/- Assistant Registrar(Crl.side) /True Copy/ Sub Assistant Registrar(CS-II) To 1.The Judicial Magistrate No.IV, Madurai.

2.The Inspector of Police, C-2, Subramaniyapuram (Law and Order) Police Station, Madurai.

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

Crl.O.P.(MD)No.19146 of 2018 and Crl.M.P.(MD)Nos.8580 & 8581 of 2018 26.10.2018 GK ES/SKN/RSK/SAR 2/03.12.2018/2P/4C https://hcservices.ecourts.gov.in/hcservices/