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Madras High CourtCRL OP(MD)/14653/2022allowed

Thameem v. The Sub Inspector Of Police

2022-08-16Honourable Mr Justice V.Sivagnanam5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 16.08.2022

CORAM

THE HONOURABLE MR. JUSTICE V.SIVAGNANAM and Crl.M.P(MD)Nos.9516 and 9517 of 2022 Thameem ... Petitioner/Accused No.7 Vs.

1.The State Rep. by The Sub Inspector of Police, Town West Police Station, Dindigul District.

... 1st Respondent/Complainant 2.D.Suresh ... 2nd Respondent/Defacto Complainant PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to quash the charge sheet in C.C.No.4 of 2018 on the file of the Judicial Magistrate No.1, Dindigul as against this petitioner. For Petitioner : Mr.K.R.Manimaran For R1 : Mr.E.Antony Sahaya Prabahar Additional Public Prosecutor 1/5

ORDER

This petition is filed to quash the charge sheet in C.C.No.4 of 2018 on the file of the learned Judicial Magistrate No.1, Dindigul as against the petitioner.

2.The learned counsel appearing for the petitioner submitted that the petitioner is arrayed as A7 and the charge sheet has been filed as against him for the offences punishable under Sections 143, 341 and 188 of IPC in C.C.No.4 of 2018 before the learned Judicial Magistrate No.1, Dindigul. He further submitted that there was no such occurrence happened as stated in the F.I.R. The offences stated in the charge sheet are not made out as against the petitioner and the charge sheet itself is not maintainable. With regard to A1 to A3, A5, A6, A11, A16 and A18, this Court has quashed the charge sheet against them in Crl.O.P(MD)No.2795 of 2022, dated 09.02.2022. Hence, he prays for quashing the said charge sheet as against the petitioner.

3.The learned Additional Public Prosecutor appearing for the respondent police submitted that the charge against the accused Nos.1 to 3, 2/5

5, 6, 11, 16 and 18 has quashed by this Court in Crl.O.P(MD)No.2795 of 2022, dated 09.02.2022.

4. I have considered the submission of the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the respondent police.

5.A perusal of records shows that the petitioner is the 7th accused in C.C.No.4 of 2018 before the learned Judicial Magistrate No.1, Dindigul. In this case, totally twenty accused have been prosecuted by the respondent police for the offences punishable under Sections 143, 341 and 188 of IPC. Insofar as the accused Nos.1 to 3, 5, 6, 11, 16 and 18 are concerned, this Court has quashed the criminal proceedings in Crl.O.P(MD)No.2795 of 2022, dated 09.02.2022. Further, a perusal of records shows that the petitioner did not conspire together and did not involve in any offence as stated by the prosecution and in the offences under Sections 143, 341 and 188 of IPC. Hence, no offence is made out as against the petitioner. 3/5

6.Accordingly, this Criminal Original Petition is allowed. The charge sheet in C.C.No.4 of 2018 on the file of the learned Judicial Magistrate No.1, Dindigul, is hereby quashed. Consequently, connected miscellaneous petitions are also closed.

16.08.2022 Internet:Yes./No Index:Yes/no vsd To 1.The Judicial Magistrate No.1, Dindigul.

2.The Sub Inspector of Police, Town West Police Station, Dindigul District.

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

4/5

V.SIVAGNANAM, J.

vsd ORDER IN and Crl.M.P(MD)Nos.9516 and 9517 of 2022 16.08.2022 5/5