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Madras High CourtCRL OP(MD)/20313/2022allowed

Mariya Rasu v. The Inspector Of Police

2022-11-24Honourable Mr Justice Sathi Kumar Sukumara Kurup4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.11.2022

CORAM

THE HON'BLE MR.JUSTICE SATHI KUMAR SUKUMARA KURUP Crl.O.P (MD) No.20313 of 2022 1.Mariya Rasu 2.Nagoor Kani 3.Purosekhan 4.Vakitha Rahuman 5.Sulthan Alavutheen 6.Babu

...Petitioners

vs 1.The Inspector of Police, Virudhunagar West Police Station, Virudhunagar District.

Crime No.230 of 2017 2.Bhuvaneshwari

...Respondents

PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to call for the records in the case in STC No.435 of 2022 on the file of the learned Judicial Magistrate Court No.I, Virudhunagar. 1/4

For Petitioners : Mr.M.Jothi Basu For R1 : Mr.R.Meenakshi Sundaram Additional Public Prosecutor.

O R D E R

This Criminal Original Petition had been filed to quash the case in S.T.C No.435 of 2022 on the file of the learned Judicial Magistrate Court No.I, Virudhunagar.

2.The learned Counsel for the Petitioners would submit that the facts of the case are exactly similar to the case covered in the decision reported in 2018 2 LW (Crl) 606 [Jeevanandham and others vs. The Inspector of Police Velayuthampalayam Police Station, Karur District] dated 20.09.2018 and in the case of Sri Raja vs Inspector of Police, Sivakasi Town Police Station Virudhunagar District and other in batch of cases in Crl.O.P(MD) No.7922 of 2019 dated 30.08.2019. 3.The learned Additional Public Prosecutor for the first Respondent would submit that the facts of the case are similar to the facts covered under the Judgment referred above.

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4.Heard the learned Counsel for the Petitioners and the learned Additional Public Prosecutor for the first Respondent. 5.Perused the materials on record 6.The facts of this case are similar to the facts covered by the Judgment of this Court reported in 2018 2 LW (Crl) 606 [Jeevanandham and others vs. The Inspector of Police Velayuthampalayam Police Station, Karur District] dated 20.09.2018 and in case of Sri Raja vs Inspector of Police, Sivakasi Town Police Station Virudhunagar District and other in batch of cases in Crl.O.P(MD) No.7922 of 2019 dated 30.08.2019. Accordingly, the case in S.T.C No.435 of 2022 on the file of the learned Judicial Magistrate Court No.I, Virudhunagar, is hereby quashed as far as the all accused, who are involved in S.T.C.No.435 of 2022, including the Petitioners herein are concerned and the Criminal Original Petition is allowed.

Internet:Yes/No 24.11.2022 Index:Yes/No mm 3/4

SATHI KUMAR SUKUMARA KURUP , J.

mm To 1.The Judicial Magistrate Court No.I, Virudhunagar.

2.The Inspector of Police, Virudhunagar West Police Station, Virudhunagar District.

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

Crl.O.P (MD) No.20313 of 2022 24.11.2022 4/4