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Madras High CourtCRL OP(MD)/18637/2019allowed

Sundar Stalin v. The Sub Inspector Of Police

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

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 12.12.2019

CORAM:

THE HONOURABLE MR. JUSTICE A.D. JAGADISH CHANDIRA and Crl.M.P(MD)Nos.10943 and 10945 of 2019

1. Sundar Stalin

2. Sasikumar

3. Madasamy

4. Muthaiah

5. Irulappan

6. Murugesan

7. Ponnaiah

8. Kalaiselvan

9. Karumalai

10. Koodalingam

11. Thangaraj 12.Chithiravel

...Petitioners/Accused No.1to4,6,8to12,14&16

Vs.

The State rep. By The Sub Inspector of Police, Koomapatti Police Station, Virudhunagar District.

(Crime No.36 of 2017) ... Respondent/Complainant PRAYER: This Criminal Original Petition has been filed under Section 482 of Criminal Procedure Code, to call for the records relating to the proceedings in S.T.C.No.382 of 2018 pending before the learned Judicial Magistrate No.I, Srivilliputhur, Virudhunagar District and quash the same in respect of petitioners. For Petitioners : Mr.G.Mariappan For Respondent : Mr.S.Chandrasekar Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed to quash the proceedings in S.T.C.No.382 of 2018 pending before the learned Judicial Magistrate No.I, Srivilliputhur, Virudhunagar District for the offences under Sections 143 and 188 of IPC. 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 1/3

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 Additional Public Prosecutor appearing for the respondent would submit that the facts of the case are similar to the facts covered under the Judgment referred above. 4.Heard both sides and 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 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. Considering the facts and submissions, the proceedings in S.T.C.No.382 of 2018 pending before the learned Judicial Magistrate No.I, Srivilliputhur, Virudhunagar 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) aav To 1.The Sub Inspector of Police, Koomapatti Police Station, Virudhunagar District.

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

2/3

Copy to The Judicial Magistrate No.I Srivilliputhur, Virudhunagar District +1 CC to Mr.G.MARIAPPAN, Advocate ( SR-104733[F] dated 12/12/2019 ) and Crl.M.P(MD)Nos.10943 and 10945 of 2019 12.12.2019 KM/(09.01.2020) 3P 5C 3/3