Madras High CourtCRL OP(MD)/9511/2020allowed

K.Devaraj v. The Inspector Of Police

2022-03-07Honourable Mr Justice G.K. Ilanthiraiyan2 pages

Crl.O.P.(MD)No.9511 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 07.03.2022

CORAM

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN Crl.O.P(MD)No.9511 of 2020 and Çrl.M.P(MD)No.4459 of 2020 K.Devaraj ... Petitioner/ Accused No. 3 Vs.

1.The Inspector of Police, Thiruvadanai Police Station, Thiruvadanai, Ramanathapuram District.

(Crime No.210 of 2020) ... 1st Respondent / Complainant 2.The Sub Inspector of Police, Thiruvadanai Police Station, Thiruvadanai, Ramanathapuram District.

... 2nd Respondent / Defacto Complainant Prayer: Criminal Original Petition is filed under Section 482 Cr.P.C., to call for the records relating to the FIR in Crime No.210 of 2020 on the file of the first respondent police and quash the same as against the petitioner concerned.

For Petitioner : Mr.N.Pragalathan For Respondents : Mr.B.Thanga Aravindh Government Advocate (Criminal Side)

ORDER

This Criminal Original Petition has been filed to quash the proceedings in Crime No.210 of 2020 on the file of the respondent police.

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 (Criminal Side) appearing for the respondents 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.9511 of 2020 4.Heard the learned counsel appearing for the petitioner and the learned Government Advocate (Criminal Side) appearing for the respondents.

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.210 of 2020 on the file of the respondent police is hereby quashed insofar as the petitioner alone and the Criminal Original Petition is allowed. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar (P&A) // True Copy // / /2022 Sub Assistant Registrar(CS) mga 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, Thiruvadanai Police Station, Thiruvadanai,Ramanathapuram District.

2.The Sub Inspector of Police, Thiruvadanai Police Station, Thiruvadanai,Ramanathapuram District.

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

+1 CC to M/s.N.PRAGALATHAN, Advocate ( SR-10499[F] dated 08/03/2022 ) Crl.O.P(MD)No.9511 of 2020 07.03.2022 MGJ(21.03.2022) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2