R.Danya v. The Sub Inspector Of Police

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.20260 of 2022 R.Danya

...Petitioner

vs 1.The Sub Inspector of Police, Thideer Nagar Police Station, Madurai District.

Crime No.36 of 2018 2.S.Rathinavelu

...Respondents

PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to call for the records pertaining to the case in Crime No.36 of 2018 on the file of the 1st Respondent police and quash the same. For Petitioner : Mr.L.Shaji Chellan For R1 : Mr.B.Nambi Selvan Additional Public Prosecutor.

O R D E R

This Criminal Original Petition had been filed to quash the FIR in Crime No.36 of 2018 on the file of the first Respondent. 1/4

2.The learned Counsel for the Petitioner 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. He would further submit that the Charge Sheet had been filed before the Court concerned and the same is yet to be numbered.

4.Heard the learned Counsel for the Petitioner and the learned Additional Public Prosecutor for the first Respondent. 5.Perused the materials on record 2/4

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 First Information Report in Crime No.36 of 2018 on the file of the first Respondent is hereby quashed as far as the Petitioner alone is concerned and the Criminal Original Petition is allowed. Internet:Yes/No 24.11.2022 Index:Yes/No mm To 1.The Sub Inspector of Police, Thideer Nagar Police Station, Madurai District.

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SATHI KUMAR SUKUMARA KURUP , J.

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

Crl.O.P (MD) No.20260 of 2022 24.11.2022 4/4