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Madras High CourtCRL OP(MD)/10434/2022allowed

Inbaraj v. The Inspector Of Police

2023-06-21Honourable Mr Justice G.Ilangovan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.06.2023 CORAM :

THE HONOURABLE Mr. JUSTICE G.ILANGOVAN Crl.O.P.(MD)No.10434 of 2022 and Crl.M.P.(MD)No.6523 of 2023 Inbaraj ... Petitioner Vs.

1.The State of Tamil Nadu, Rep. by the Inspector of Police, Koodankulam Police Station, Tirunelveli District.

2.K.Suresh ... Respondents Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for the records relating to the case in Crime No. 344 of 2012 on the file of the first respondent and quash the same in so far as petitioner is concerned and allow this criminal original petition. For Petitioners : Mr.C.K.M.Appaji For R1 : M/s.B.Nambiselvan Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed seeking to quash the case in Crime No.344 of 2012 on the file of the first respondent police. 1/4

2. The co-accused, namely, Thangakayalarason, has filed Crl.O.P(MD).No.2000 of 2022 before this Court to quash proceedings in Crime No.344 of 2012 pending on the file of the Inspector of Police, Kudankulam Police Station, Tirunelveli District. This Court by the order dated 02.02.2022, quashed FIR against the accused, namely, Thangakayalarason.

3. The learned counsel for the petitioner submitted that the benefit of the above said order can be extended to this petitioner also, since this petitioner is also standing on the same footing, on that ground, this petition can be allowed.

4. In the result, the Criminal Original petition is allowed and the proceedings in Crime No.344 of 2012 on the file of the first respondent police, as against the petitioner also, since as against the co-accused, FIR in Crime No.344 of 2012 was already quashed by this Court. Consequently, the connected miscellaneous petition is closed.

21.06.2023 Index : Yes/No Internet:Yes/No tta 2/4

To 1.The Inspector of Police, Koodankulam Police Station, Tirunelveli District.

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

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G.ILANGOVAN, J., tta Crl.O.P.(MD)No.10434 of 2022 21.06.2023 4/4