Madras High CourtCRL OP(MD)/20105/2018allowed

Gurusamy v. The Inspector Of Police

2018-11-02Honourable Mr Justice N. Anand Venkatesh2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 02.11.2018

CORAM:

THE HONOURABLE MR. JUSTICE N.ANAND VENKATESH Crl.O.P.[MD]No.20105 of 2018 and Crl.M.P.(MD).No.9277 of 2018 Gurusamy ... Petitioner Vs.

The Inspector of Police, Tuticorin Central Police Station, Tuticorin District, Crime No.240 of 2017.

... Respondent PRAYER: Criminal Original Petition is filed under Section 482 Cr.P.C., praying to call for the records relating to the proceedings of impugned First Information Report in Crime No.240 of 2017 on the file of the Inspector of Police, Tuticorin Central Police Station, Tuticorin District and quash the same.

For Petitioner : Mr.RM.Arun Swaminathan For Respondent : Mr.K.Suyambulinga Bharathi Government Advocate (Crl.Side)

O R D E R

The Criminal Original Petition is filed to quash the First Information Report in Crime No.240 of 2017 on the file of the Inspector of Police, Tuticorin Central Police Station, Tuticorin District.

2. The facts of the case are covered by the Judgment of this Court reported in 2018 (2) L.W. (Crl.) 606 [Jeevanandham and others vs. The Inspector of Police Velayuthampalayam Police Station, Karur District] dated 20.09.2018 and the Judgment of the Hon'ble Supreme Court reported in (2013) 6 SCC 620 [G.Sundrrajan Vs. Union of India ant others]. The Hon'ble Supreme Court in the above said judgment has categorically held as follows:- "244.14. Endeavor should be made to withdraw all the criminal cases filed against the agitators so that peace and normalcy be restored at Kudankulam and nearby places and steps should be taken to educate the people of the necessity of the plant which is in the largest interest of the nation particularly the State of Tamil Nadu."

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3. Accordingly, the F.I.R. in Crime No.240 of 2017, on the file of the respondent is hereby quashed and the Criminal Original

Petition is allowed. Consequently, the connected Miscellaneous Petition is closed.

Sd/- Assistant Registrar (Crl.side) /True Copy/ Sub Assistant Registrar(CS-II) To

1. The Inspector of Police, Tuticorin Central Police Station, Tuticorin District.

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

Akv MK/ES/RSK/SAR 2/26.12.2018/2P/3C Crl.O.P.[MD]No.20105 of 2018 02.11.2018 https://hcservices.ecourts.gov.in/hcservices/