Madras High CourtCRL OP(MD)/17441/2024disposed of

Ponnudurai v. The State Of Tamilnadu

2024-10-17Honourable Mr Justice K.Murali Shankar4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 17.10.2024

CORAM

THE HON'BLE MR.JUSTICE K.MURALI SHANKAR and Crl.M.P.(MD)No.10814 of 2024 1.Ponnudurai 2.Utchiudaiyar 3.Manikandan 4.Manikandan 5.Karuppasamy @ Aruva Velu 6.Vetri Saravanan @ Saravanan 7.Karuppasamy @ Karthick ... Petitioners Vs.

1.The Inspector of Police, Uthumalai Police Station, Tirunelveli District.

Now Tenkasi District.

(Crime No.223 of 2020) 2.Manivannan ... Respondents PRAYER : Criminal Original Petition filed under Section 528 of BNSS, to call for the records and quash the same in Crime No.223 of 2020 dated 09.05.2020 on the file of the first respondent Police. For Petitioners : Mr.D.S.Haroon Rasheed 1/4

For R1 : Mr.P.Kottai Chamy Government Advocate (Crl. Side)

ORDER

This criminal original petition has been filed seeking orders to quash FIR in Crime No.223 of 2020 dated 09.05.2020 on the file of the first respondent Police. 2.It is evident from the records that on the basis of the complaint given by the second respondent, FIR came to be registered against the petitioners in Cr.No.223 of 2020 for the offence punishable under Sections 147, 341, 294(b) & 506(2) IPC and that on the basis of the complaint given by the first petitioner, FIR came to be registered against the second respondent and others in Cr.No.224 of 2020 for the offence under Sections 147, 341, 294(b) & 506(2) IPC. 3.The learned Government Advocate(Crl.side) appearing for the first respondent would submit that after completion of investigation, charge sheet came to be filed in both cases.

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4.At this juncture, the learned counsel appearing for the petitioners would submit that the Hon'ble Full Bench of this Court has issued directions in Crl.O.P.Nos.4587 of 2023 (Batch) dated 08.08.2024 for the Courts to follow the procedures in pre-cognizance state and postcognizance stage and hence, the learned Magistrate may be directed to follow the directions.

5.Recording the submissions made on either side, the learned Judicial Magistrate, Alangulam is directed to follow the directions issued by the Hon'ble Full Bench of this Court in Crl.O.P.Nos.4587 of 2023 (Batch) dated 08.08.2024.

6.With the above direction, this criminal original petition is disposed of. Consequently, connected miscellaneous petition is closed. 17.10.2024 NCC : Yes / No Index : Yes / No Internet : Yes / No gns K.MURALI SHANKAR,J.

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gns To 1.The Inspector of Police, Uthumalai Police Station, Tirunelveli District.

Now Tenkasi District.

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

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