Madras High CourtCRL OP(MD)/12736/2021allowed

Ramanathan v. The Inspector Of Police

2022-03-11Honourable Mr Justice G.K. Ilanthiraiyan2 pages

Crl.O.P.(MD)No.12736 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.03.2022

CORAM:

THE HON'BLE MR.JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.(MD)No.12736 of 2021 and Crl.M.P.(MD)No.6511 of 2021 Ramanathan ... Petitioner/Accused No.3 Vs.

1.The Inspector of Police, Sivagangai Taluk Police Station, Sivagangai District.

...1st Respondent/Complainant 2.Sundaravalli, Village Administrative Office, Saloor, Sivagangai District.

...2nd Respondent/Defacto Complainant Prayer: This Criminal Original Petition filed under Section 482 Cr.P.C.t to call for the records pertaining to charge sheet in PRC No. 8 of 2020 on the file of Learned Judicial Magistrate No.II, Sivagangai District and quash the same.

For Petitioner : Mr.A.Rajini For Respondent : Mr.K.Sanjai Gandhi, Government Advocate, (Criminal Side)

ORDER

This Criminal Original Petition has been filed to quash the proceedings in in PRC No. 8 of 2020 on the file of the learned Judicial Magistrate No.II, Sivagangai District. 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 appearing for the respondent police 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.12736 of 2021 4.Heard the learned counsel appearing for the petitioner and the learned Government Advocate appearing for the respondent police.

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 PRC No. 8 of 2020 on the file of the learned Judicial Magistrate No.II, Sivagangai District is hereby quashed insofar as the petitioner alone and the Criminal Original Petition is allowed. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar (CS-I) // True Copy // / /2022 Sub Assistant Registrar(CS) PNM 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 Judicial Magistrate No.II, Sivagangai District.

2.The Inspector of Police, Sivagangai Taluk Police Station, Sivagangai District.

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

Crl.O.P.(MD)No.12736 of 2021 and Crl.M.P.(MD)No.6511 of 2021 11.03.2022 RK(31/03/2022) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2