Najeer v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.08.2022

CORAM

THE HONOURABLE MR. JUSTICE V.SIVAGNANAM CRL.O.P (MD) No.15223 of 2022 and Crl.MP.(MD)No.9979 of 2022

1. Najeer

2. Balaguru

3. Praveenkumar

4. Nagaraj

5. Rajeshkumar

6. Suresh

7. Kishore Jain

8. Hemanthra Singh ... Petitioners/A-47 & 49 to 52 & 54 to 56 Vs The State represented by its Inspector of Police, Thideer Nagar Police Station, Madurai City.

(Crime No.107 of 2020 )

...Respondent/Complainant

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PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to call for the records relating to the proceedings of First Information Report in Crime No.107 of 2020 on the file of the respondent and quash the same in respect of the petitioners/A-47 & 49 to 52 & 54 to 56.

For petitioners : M/s.D.Maxson Lobo For Respondent : Mr.M.Sakthi Kumar Government Advocate (crl. side)

O R D E R

This Criminal Original Petition has been filed to quash the First Information Report, dated 14.02.2020 in Crime No.107 of 2020 , for the offences under Sections 143, 341, 283, 290 of IPC, pending on the file of the respondent police.

2.The learned counsel appearing for the petitioners 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, 2/6

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 respondent police 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 petitioners and the learned Government Advocate (crl. side) appearing for the respondent police.

5. 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 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. Accordingly, the proceedings in Crime No. 107 of 2020 on the file of the respondent police, is quashed insofar as the petitioners alone and 3/6

the Criminal Original Petition is allowed. Consequently, connected miscellaneous petition is also closed.

25.08.2022 Internet:Yes./No Index:Yes/no ksa 4/6

To

1. The Inspector of Police, Thideer Nagar Police Station, Madurai City.

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

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V.SIVAGNANAM, J.

ksa ORDER IN CRL.O.P (MD) No.15223 of 2022 25.08.2022 6/6