Madras High CourtCRL OP(MD)/17125/2022allowed

Arun @ Arun Kumar v. The Inspector Of Police

2022-11-16Honourable Mr Justice Sathi Kumar Sukumara Kurup5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated: 16.11.2022

CORAM:

THE HON'BLE MR.JUSTICE SATHI KUMAR SUKUMARA KURUP and Crl.M.P(MD) No.11511 of 2022 Arun @ Arun Kumar ... Petitioner Vs.

1.State Rep. by The Inspector of Police, Sholavandan Police Station, Madurai.

2.A.Gurupandian S/o.Alagarsami ... Respondents PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C. praying to call for the records relating to the impugned FIR in Crime No. 289 of 2019, dated 15.09.2019 pending on the file of the first Respondent and quash the same as illegal.

For Petitioner : Mr.S.M.Kadhar 1/5

For R-1 : Mr.R.Meenakshi Sundaram Additional Public Prosecutor

ORDER

This Criminal Original Petition had been filed to quash the First Information Report in Crime No.289 of 2019, dated 15.09.2019 on the file of the first Respondent.

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(Crl.Side) appearing for the first Respondent would submit that the facts of the case are similar to the facts covered under the Judgment referred above. 4.Heard the learned counsel appearing for the Petitioner and the 2/5

learned Government Advocate(Crl.Side) appearing for the first Respondent.

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, First Information Report in Crime No. 289 of 2019, dated 15.09.2019, on the file of the Inspector of Police, Sholavandan Police Station, Madurai, is hereby quashed in so far as the Petitioner alone and the Criminal Original Petition is allowed. Consequently, connected miscellaneous petition is closed. 16.11.2022 Internet:Yes/No Index :Yes/No cp 3/5

To 1.The Inspector of Police, Sholavandan Police Station, Madurai.

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

4/5

SATHI KUMAR SUKUMARA KURUP , J.

cp 16.11.2022 5/5