Sundaram v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 11.12.2024
CORAM
THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Crl.O.P(MD)Nos.17993 and 18031 of 2022 and Crl.M.P(MD)Nos.12014, 12015, 12034 and 12037 of 2022 For Crl.O.P(MD)No.17993 of 2022
1. Sundaram
2. Thillai Rajan
3. Jeyaseelan
4. Raj Kumar
5. Vijayakumar
6. Raj Kumar
7. Tamil Vaanan
8. Manikam
9. Iyyappan
10. Jeyaraj
11. S.M.Durairaj
12. Jennish
13. Gopala Kannan
14. Viswanathan
15. Iyappan ... Petitioners Vs
1. The Inspector of Police, Panagudi Police Station, Panagudi, Tirunelveli District.
(Crime No.50/2018).
2. F.Anto Pradeep Sub Inspector of Police, Panagudi Police Station, Panagudi, Tirunelveli District.
... Respondents PRAYER: Criminal Original petitions have been filed under Sections 439
(1) (b) of the Code of Criminal Procedure, to call for the records in connection with C.C.No.306 of 2018 dated 30.01.2018 on the file of the learned Judicial Magistrate,Valliyoor, Tirunelveli, Tirunelveli District in Crime No.50 of 2018 on the file of the Inspector of Police, Panagudi Police Station.
For Crl.O.P(MD)No.18031 of 2022
1. Sundaram
2. Thanga Selvan
3. Thillai Rajan
4. Manivannan
5. Jeyaseelan
6. Jenish @ Jerish
7. Velusamy
8. Kamaraj
9. Ramesh
10. Vega Lakshmanan
11. Tamil Vanan
12. Jeyaraj
13. Iyappan
14. Manickam
15. Bhagavathy Kesavan
16. Gopala Kannan
17. Santha Iyappan
18. Praveen Raja
19. Viswanathan
20. Mahesh
21. Ayappan ... Petitioners Vs
1. The Inspector of Police, Panagudi Police Station, Panagudi, Tirunelveli District. (Crime No.49/2018).
2. Arun Raja, Sub Inspector of Police, Panagudi Police Station, Panagudi, Tirunelveli District.
... Respondents PRAYER: Criminal Original petitions have been filed under Sections 439
(1) (b) of the Code of Criminal Procedure, to call for the records in connection with C.C.No.305 of 2018 dated 30.01.2018 on the file of the learned Judicial Magistrate,Valliyoor, Tirunelveli, Tirunelveli District in Crime No.49 of 2018 on the file of the Inspector of Police, Panagudi Police Station.
For Petitioners : Mr.Palani Velayutham S, (for both cases) For R1 : Mr.A.Albert James Government Advocate (Crl.Side) (for both cases) For R2 : No Appearance (for both cases) C O M M O N
O R D E R
These criminal original petitions are filed to quash the proceedings in C.C.No.306 of 2018 and in C.C.No.305 of 2018 pending on the file of the learned Judicial Magistrate, Valliyoor, Tirunelveli respectively.
2.Heard the learned Counsel appearing on either side. 3.The issue that is involved in the present case was dealt with in detail by this Court in Crl.O.P(MD)Nos.8680 and 8681 of 2019, by order dated 02.02.2022. The proceedings were quashed insofar as A15 is concerned. Most of the reasons that were given in that order will equally apply to the petitioners also. Hence these petitions can also be allowed in terms of the above order.
4.In the result, the proceedings C.C.No.306 of 2018 and in C.C.No.305 of 2018 pending on the file of the learned Judicial Magistrate, Valliyoor, Tirunelveli respectively, are quashed in its entirety. 5.Accordingly, these criminal original petitions are allowed. Consequently, the connected miscellaneous petitions are closed. 11.12.2024 Internet :Yes Index :Yes/No NCC :Yes/No LR
To
1. The Judicial Magistrate, Valliyoor, Tirunelveli.
2.The Inspector of Police, Panagudi Police Station, Panagudi, Tirunelveli District.
3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
N.ANAND VENKATESH, J.
LR Crl.O.P(MD)Nos.17993 and 18031 of 2022 11.12.2024