Madras High CourtCRL OP(MD)/18480/2019allowed

Dm. Annadurai v. The Sub 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. 10850 & 10851 of 2019

1. DM. Annadurai

2. M. Selvam

3. P. Sankar

4. D. Umapathi

5. K. Rajagopal

6. R. Jayaram

7. S. Senthilkumar

8. S. Ravi

9. VK. Marimuthu

10. M. Chinnathevar

11. M. Selvaraj

12. M. Pandiyaraj

13. Manimaran

14. Thirumoorthi

15. Karubbiah ... Petitioners/Accused 1 to 15 Vs

1. The Sub-Inspector of Police, Sempatti Police Station, Dindigul District.

(Crime No. 53 of 2017) ..1st Respondent/Complainant

2. Rajaprabu, Police No.1922, Sempatti Police Station, Dindigul District.

...2nd Respondent/Defacto Complainant Prayer:Criminal Original Petition filed under Section 482 Cr.P.C. to call for the records in C.C. No. 68 of 2018 on the file of the learned Judicial Magistrate No.II, Dindigul District for the offences under Sections 143, 188 of IPC and quash the same. For Petitioners : Mr.KR. Singaravadivel For R-1 : Mrs.S. Bharathi, Government Advocate (Crl. Side)

ORDER

The Criminal Original Petition has been filed to quash the proceedings in C.C. No. 68 of 2018 on the file of the learned Judicial Magistrate No.II, Dindigul District for the offences under Sections 143, 188 of IPC as against the petitioners. 1/3

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. 68 of 2018 on the file of the learned Judicial Magistrate No.II, 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 (CS-II) // True Copy // / /2020 Sub Assistant Registrar(CS) ksa To

1. The Judicial Magistrate No.II, Dindigul.

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2. The Sub-Inspector of Police, Sempatti Police Station, Dindigul District.

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

+1 CC to MR.KR.SINGARAVADIVEL, Advocate ( SR-104291[F] dated 10/12/2019 ) Crl.O.P.(MD)No.18480 of 2019 10.12.2019 KM/(21.01.2020) 3P 5C 3/3