S.Syed Sahul Hameed v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 11.11.2021 CORAM :

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and Crl.M.P.(MD)Nos.7563 and 7566 of 2021 S.Syed Sahul Hameed ... Petitioner Vs.

1.The State rep by it's The Inspector of Police, CBCID Police Station, Madurai City.

(Crime No.2 of 2017) 2.The Inspector of Police, Sellur Police Station, (Crime No.129 of 2017) ...1&2 Respondents/Complainant 3.Tamilselvan ...3rd Respondent/Defacto Compalainant Prayer: This Criminal Original Petition is filed under Section 482 of Cr.P.C., to call for the records pertaining to the impugned charge sheet in P.R.C.No.50 of 2018 in Crime No.2 of 2017 on the file of the respondent No.1 for the alleged offences under Sections 147, 148, 341, 294(b), 323, 332 and 188 of IPC and Sections 3 and 4 of TNPPDL Act and quash the same as illegal. For Petitioner : Mr.T.Thirumurugan For Respondents : Mr.T.Senthil Kumar, Addl. Public Prosecutor for R1 & R2

O R D E R

Heard the learned counsel on either side.

2.The petitioner wants this Court to quash the impugned proceedings. The petitioner is facing prosecution in S.C.No.373 of 2021 on the file of the IV Additional Sessions Court, Madurai 1/3

for the offences under Sections 147, 148, 341, 294(b), 323, 332 and 188 of IPC and Sections 3 and 4 of TNPPDL Act. It is alleged that on 23.01.2017, the petitioner along with others had taken part in what is known as Jallikattu agitation. The petitioner has been implicated in the final report. To quash the same, this criminal original petition has been filed.

3.When the matter was taken up for hearing, the learned Additional Public Prosecutor pointed out that an injured head constable by name Ariyampichan has specifically named the petitioner herein. The petitioner is said to have picked up stones and hurled the same on the police. Since specific overt acts have been attributed to the petitioner, I am not in a position to grant relief. Therefore, this criminal original petition is dismissed. At this stage, the learned counsel for the petitioner pointed out that the petitioner had already completed his law course and that he is awaiting enrolment. Since the petitioner's life and career is at stake and the case is already four years old, the learned Trial Judge is directed to conclude the case on merits and in accordance with law within a period of four months from 21.12.2021.

The next hearing is said to be 21.12.2021. I make it clear that I have not gone into the merits of the matter. All the defences of the petitioner are left open. Consequently, connected miscellaneous petitions are closed. Sd/- Assistant Registrar (CS-III) // True Copy // / /2021 Sub Assistant Registrar(CS) ias 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.IV Additional Sessions Judge, 2.The Inspector of Police, CBCID Police Station, Madurai City.

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3.The Inspector of Police, Sellur Police Station, 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, +1 CC to M/s.T.THIRUMURUGAN, Advocate ( SR-34367[F] dated 12/11/2021 ) 11.11.2021 RK/PM(24/11/2021) 3P 6C 3/3