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Madras High CourtCRL OP(MD)/9494/2021allowed

Ranjan v. The Inspector Of Police

2022-03-22Honourable Mr Justice G.K. Ilanthiraiyan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 22.03.2022

CORAM

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN Crl.O.P(MD)No.9494 of 2021 & Crl.M.P(MD)No.4842 of 2021

1. Ranjan

2. Ravi

3. Kathiresan

4. Sivakumar

5. Murugesan

6. Vivek

7. Anbumani

8. Rajendran

9. Krishnamoorthy

10. Sugumar @ Vandu

11. Kavitha

12. Kabila

13. Maheswari

14. Suba@ Subasri

15. Tamilselvi

16. Lalitha

17. Kannappan ... Petitioners/ Accused Nos.1 to 17 Vs.

1. The State represented by The Inspector of Police, Nachiyarkovil Police Station, Thanjavur District.

(Crime No.994/2020)

2. Malarselvi ... Respondents/ Defacto Complainant Prayer: Criminal Original Petition is filed under Section 482 Cr.P.C., to call for the records of the impugned FIR in Crime No.994 of 2020 on the file of the first respondent Police Station and quash the same.

For Petitioners : Mr.A.Mohamed Hashim For Respondents : Mr.B.Thanga Aravindh Government Advocate (Criminal Side) for R.1 Mr.S.Sankar for R.2

ORDER

This Criminal Original Petition has been filed to quash the FIR in Crime No.994 of 2020 on the file of the first respondent Police Station.

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2. The case of the prosecution is that the defacto complainant / Malarselvi, is the Panchayat President of Krishnapuram Village Panchayat. On 09.07.2020, cleaning and deepening works were carried out in "Sannasi Mandapa Kulam" under "Kudimaramath Scheme" under the supervision of defacto complainant after getting permission from proper channel and at about 11.30 a.m, all the accused persons assembled there and waylaid the defacto complainant and other labours and prevented them from entering into the Pond and also prevented the JCB from carrying and intimidated her and hence, the defacto complainant lodged this instant case as against the petitioners.

3. The learned counsel appearing for the petitioners would submit that the facts of the case are exactly similar to the case 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

4. The learned Government Advocate (Criminal Side) appearing for the first respondent would submit that the facts of the case are similar to the facts covered under the judgment referred to above.

5. Heard the learned counsel appearing for the petitioners and the learned Government Advocate (Criminal Side) appearing for the first respondent and perused the materials on record.

6. The facts of this case are 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.994 of 2020 on the file of the respondent police is hereby quashed and the Criminal Original Petition is allowed. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar (AD-I) // True Copy // / /2022 Sub Assistant Registrar(CS) mga 2/3

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, Nachiyarkovil Police Station, Thanjavur District.

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

Crl.O.P(MD)No.9494 of 2021 & Crl.M.P(MD)No.4842 of 2021 22.03.2022 NSN(CO) KB(27.04.2022) 3P 3C 3/3