Madras High CourtCRL OP(MD)/15516/2020closed

Sankaran@Sankara Thevar v. The Inspector Of Police

2020-12-23Honourable Mrs Justice J. Nisha Banu2 pages

Crl.O.P(MD).No.15516 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 23.12.2020

CORAM:

THE HONOURABLE MRS.JUSTICE J.NISHA BANU Crl.O.P.(MD)No.15516 of 2020 and Crl.M.P(MD).No.7573 of 2020 1.Sankaran@Sankara Thevar 2.Muthumalai@ Muthumalai Thevar 3.Marimuthu 4.Ganapathy 5.Muthuramalingam 6.Sankaran ... Petitioners/Accused Nos. 1 to 6 Vs.

1.State represented by The Inspector of Police Seevalaperi Police Station Tirunelveli District (Crime No.8 of 2019) 2.Sudhan Sub Inspector of Police Seevalaperi Police Station Tirunelveli District ... Respondents /Respondents PRAYER: Criminal Original Petition is filed under Section 482 of Cr.P.C., to call for the records relating to FIR in Crime No.8 of 2019 passed by the first respondent dated 25.01.2019 and quash the same as against the petitioners and allow this petition. For Petitioners : Mr.C.Susi Kumar For R1 : Mr.V.Neelakandan Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed to call for the records relating to the First Information Report in Crime No.8 of 2019 passed by the first respondent dated 25.01.2019 and quash the same as against the petitioners and allow this petition. 2.Today, when the matter is taken up for hearing, the learned Additional Public Prosecutor appearing for the first respondent, on instructions, would submit that there was a dispute between the two communities. Since there was a possibility for communal clash, a case was registered in Crime No. 8 of 2019 under Section 107 Cr.P.C, https://hcservices.ecourts.gov.in/hcservices/

Crl.O.P(MD).No.15516 of 2020 in which, the petitioners are cited as 'A' party and another community people are cited as 'B' party. He further submitted that the case is pending for more than 1 1⁄2 years and therefore, the case in Crime No. 8 of 2019 has been closed as " Action Dropped" on 10.11.2020.

3.Recording the submission made by the learned Additional Public Prosecutor, this Criminal Original Petition is closed. Consequently, connected miscellaneous petition is also closed. Sd/- Assistant Registrar (crl.side) // True Copy // / /2021 Sub Assistant Registrar(CS) msa 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 Inspector of Police Seevalaperi Police Station Tirunelveli District 2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

Crl.O.P.(MD)No.15516 of 2020 and Crl.M.P(MD).No.7573 of 2020 23.12.2020 MA(CO) KB(08.01.2021) 2P 3C https://hcservices.ecourts.gov.in/hcservices/