Haji v. The Inspector Of Police

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.20086 of 2018 and Crl.M.P.(MD).No.9237 of 2018 1.Haji Ali 2.Bazeerdeen 3.Arif ... Petitioners/Accused No.1 to 3 Vs.

1. State represented by the Inspector of Police, Jaihindhpuram Police Station, Madurai. ... 1st Respondent/Complainant (Crime No.482/2018)

2. Mahendran, Sub Inspector of Police, Jaihindhpuram Police Station, Madurai.

...2nd Respondent/Defacto Complainant PRAYER: Criminal Original Petition is filed under Section 482 Cr.P.C., praying to call for the records pertaining to the F.I.R. in Crime No.482 of 2018 and quash the same as illegal insofar as the petitioners herein are concerned.

For Petitioners : Mr.A.Mohamed Yusuf For R1 : 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.482 of 2018 on the file of the first respondent.

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 https://hcservices.ecourts.gov.in/hcservices/

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."

3. Accordingly, the F.I.R. in Crime No.482 of 2018, on the file of the first respondent is hereby quashed and the Criminal Original Petition is allowed. Consequently, the connected Miscellaneous Petition is closed.

Sd/- Assistant Registrar(CS-III) /True Copy/ Sub Assistant Registrar(CS-I) To

1. The Inspector of Police, Jaihindhpuram Police Station, Madurai.

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

AKV VB/SKN/SAR1/27.11.2018/2P/3C Crl.O.P.[MD]No.20086 of 2018 02.11.2018 https://hcservices.ecourts.gov.in/hcservices/