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Madras High CourtCRL OP(MD)/18447/2019allowed

Anbazhagan v. The Inspector Of Police

2019-12-10Honourable Mr Justice A.D.Jagadish Chandira3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 10.12.2019

CORAM:

THE HONOURABLE MR. JUSTICE A.D.JAGADISH CHANDIRA and Crl.M.P.(MD) Nos. 10829 & 10830 of 2019

1. Anbazhagan

2. Jeyaseelan

3. Thirupathi

4. Gunasekaran

5. Ilangovan

6. Nallaiah

7. Ashok Kumar

8. Rajenderan

9. Rajenderan

10. Karuppu

11. K.N.K. Murukesan

12. Ganesan

13. Siva sangu

14. V.Murugan

15. Vellimalai ..Petitioners/Accused Nos.1 to 15 Vs.

1. The State through Inspector of Police, Ammayanayakanur Police Station, Dindigul District.

(Crime No. 121 of 2016) ... 1st Respondent/Complainant

2. R. Elangovan The Inspector of Police, Ammayanayakanur Police Station, Dindigul District.

...2nd Respondent/Defacto Complainant PRAYER: This Criminal Original Petition has been filed under Section 482 of Criminal Procedure Code, to call for the records in C.C. No.189 of 2016 on the file of the learned Judicial Magistrate, Nilakkottai, Dindigul District for the offences under Sections 143, 145, 341, 188, 285 of IPC and quash the same. For Petitioners : Mr.K.R. Singaravadivel For R-1 : Mrs.S.Bharathi Government Advocate (crl. side) 1/3

O R D E R

This quash petition is filed to quash the criminal proceedings in C.C. No.189 of 2016 on the file of the learned Judicial Magistrate, Nilakkottai, Dindigul District for the offences under Sections 143, 145, 341, 188, 285 of IPC, as against the petitioners.

2.The learned counsel appearing 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 others in batch of cases in Crl.O.P(MD) No.7922 of 2019 dated 30.08.2019

3. The learned Government Advocate(Crl.Side) appearing for the respondent police would submit that the facts of the case are similar to the facts covered under the Judgment referred above. 4.Heard the learned counsel appearing for the petitioners and the learned Government Advocate(Crl.Side) appearing for the respondent police.

5. Perused the material records available on record. 6.The facts of this case is 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 others in batch of cases in Crl.O.P(MD) No.7922 of 2019 dated 30.08.2019. Accordingly, the proceedings in C.C. No. 189 of 2016 on the file of the learned Judicial Magistrate, Nilakottai, Dindigul District is hereby quashed insofar as the petitioners are concerned and the Criminal Original Petition is allowed.

Consequently, connected miscellaneous petitions are closed.

Sd/- Assistant Registrar (Writs) // True Copy // / /2020 Sub Assistant Registrar(CS) ksa 2/3

To

1. The Judicial Magistrate, Nilakottai, Dindigul District.

2. The Inspector of Police, Ammayanayakanur Police Station, Dindigul District.

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

+1 CC to M/s.M/S.KR.SINGARAVADIVEL, Advocate ( SR-104292[F] dated 10/12/2019 ) 10.12.2019 JMN(22.01.2020) 3P : 5C 3/3