Madras High CourtCRL OP(MD)/19160/2023allowed

Vinothkumar v. The Inspector Of Police

2023-10-30Honourable Mr Justice G.Ilangovan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 30.10.2023

CORAM:

THE HONOURABLE MR.JUSTICE G.ILANGOVAN Crl.O.P.(MD)No.19160 of 2023 Crl.M.P.(MD).Nos.15121 & 15122 of 2023 Vinothkumar

...Petitioner / Accused No.3

Vs.

1.State Rep. by, The Inspector of Police, Seithur Rural Police Station, Seithur, Virudhunagar District.

(In Crime No.166 of 2018) ...1st Respondent / Complainant 2.Muthudamy ...2nd Respondent / Defacto Complainant PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to call for the entire records pertaining to the charge-sheet filed in C.C.No.222 of 2019 on the file of the Learned Judicial Magistrate Court, Rajapalayam and Quash the same as illegal in so far as the petitioner is concerned. For Petitioner :Mr.R.Karunanidhi For Respondent :Mr.M.Sakthi Kumar Government Advocate (Crl. Side) 1/4

O RDER This criminal original petition has been filed to quash the charge-sheet filed in C.C.No.222 of 2019 on the file of the Learned Judicial Magistrate Court, Rajapalayam.

2.The contention of the petitioner is that based on the complaint lodged by the 2nd respondent, the 1st respondent registered the First Information Report in Crime No.166 of 2018 for the offences punishable under Sections 294(b) and 506(ii) of IPC, against the petitioner.

3.On the ground that the second accused has been favourably considered by this Court in Crl.O.P.(MD).No.13408 of 2020 and the proceedings has been quashed in respect of him. This petitioner is also standing on the very same footing. Hence, the above said order shall stand extended to this petitioner also. Accordingly, this criminal original petition is allowed. Consequently, connected miscellaneous petitions are closed.

30.10.2023 Internet : Yes / No Index : Yes / No TM 2/4

To 1.The Judicial Magistrate, Rajapalayam.

2.The Inspector of Police, Seithur Rural Police Station, Seithur, Virudhunagar District.

(In Crime No.166 of 2018) 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

3/4

G.ILANGOVAN. J.

TM Crl.O.P.(MD)No.19160 of 2023 30.10.2023 4/4