← Library
Madras High CourtCRL OP(MD)/18895/2019allowed

Balamurugan v. The Inspector Of Police

2019-12-17Honourable Mr Justice A.D.Jagadish Chandira2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 17.12.2019

CORAM:

THE HONOURABLE MR. JUSTICE A.D. JAGADISH CHANDIRA Crl.O.P.(MD).No.18895 of 2019 and Crl.M.P(MD)No.11090 of 2019 Balamurugan

...Petitioner/Accused No.1

Vs.

The Inspector of Police, Sivagangai Town Police Station Sivagangai District (Crime No.290 of 2018) ... Respondent/Complainant PRAYER: This Criminal Original Petition has been filed under Section 482 of Criminal Procedure Code, to call for the records relating to FIR in Crime No. 290 of 2018 dated 10.05.2018 on the file of the respondent Sivagangai Town Police Station , Sivagangai District and quash the same as illegal insofar as the petitioner alone is concerned.

For Petitioner : Mr.R.Murugappan For Respondent : Mr.S.Bharathi Government Advocate(Crl.Side)

ORDER

This Criminal Original Petition has been filed to quash the proceedings in Crime No. 290 of 2018 dated 10.05.2018 on the file of the respondent Sivagangai Town Police Station , Sivagangai District for the offences under Sections 143 and 188 of IPC. 2.The learned counsel appearing 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 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 Government Advocate(Crl.Side) appearing for the respondent would submit that the facts of the case are similar to the facts covered under the Judgment referred above. https://hcservices.ecourts.gov.in/hcservices/

4.Heard the learned counsel appearing for the petitioner and the learned Government Advocate(Crl.Side) appearing for the respondent.

5. Perused the materials on record 5.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 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. Accordingly, the proceedings in Crime No. 290 of 2018 dated 10.05.2018 on the file of the respondent Sivagangai Town Police Station , Sivagangai District is hereby quashed insofar as the petitioner alone and the Criminal Original Petition is allowed. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar (CS-II) // True Copy // / /2020 Sub Assistant Registrar(CS) aav To 1.The Inspector of Police, Sivagangai Town Police Station Sivagangai District 2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1 CC to Mr.R.MURUGAPPAN, Advocate ( SR-105687[F] dated 18/12/2019 ) Crl.O.P.(MD).No.18895 of 2019 and Crl.M.P(MD)No.11090 of 2019 17.12.2019 VB(07.01.2020) 2P 4C https://hcservices.ecourts.gov.in/hcservices/