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Madras High CourtCRL OP(MD)/10060/2020allowed

B.Vinoth v. The Inspector Of Police

2020-09-21Honourable Mr Justice R. Pongiappan2 pages

Crl.O.P.(MD)No.10060 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.09.2020

CORAM:

THE HONOURABLE MR.JUSTICE R.PONGIAPPAN Crl.O.P.(MD)No.10060 of 2020 B.Vinoth ... Petitioner Vs.

The Inspector of Police, Vallam Police Station, Thanjavur.

... Respondent PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to call for the records in Crime No.80 of 2018, dated 07.04.2018 on the file of the respondent and quash same as illegal. For Petitioner : Mrs.T.Banumathy For Respondent : Mr.A.P.G.Ohm Chairma Prabhu Government Advocate (Crl. Side)

O R D E R

This Criminal Original Petition has been filed for the relief to quash the FIR registered in Crime No.80 of 2018 on the file of the respondent police for the offences punishable under Sections 341, 143 and 188 of I.P.C.

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, decided on 20.09.2018] and in the case of Sri Raja vs. Inspector of Police, Sivakasi Town Police Station, Virudhunagar District and another [Crl.O.P(MD)No.7922 of 2019 etc. batch, decided on 30.08.2019].

3.The learned Government Advocate (crl.side) appearing for the respondent had fairly concede that the facts of the present F.I.R is similar to the facts covered under the Judgment referred above. 4.Heard both sides and perused the materials on record. https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.10060 of 2020 5.Now, on considering the submission made by the learned counsels appearing on either side, since the facts of the present F.I.R is exactly similar to the cases referred to above, applying the ratio laid down in the above referred judgments, the present F.I.R., which is pending on the file of the respondent police, has also necessarily to be quashed.

6.In the light of the above, the F.I.R registered in Crime No.80 of 2018 on the file of the respondent police, is hereby quashed insofar as the petitioner is concerned. Accordingly, this Criminal Original Petition is closed.

Sd/- Assistant Registrar (Crl.Side) // True Copy // / /2020 Sub Assistant Registrar(CS) cp 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 The Inspector of Police, Vallam Police Station, Thanjavur.

Copy to: The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

Crl.O.P.[MD]No.10060 of 2020 21.09.2020 SS(CO) CS(30.09.2020) 2P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2