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Madras High CourtCRL OP(MD)/18793/2019allowed

Visu v. The Inspector Of Police

2019-12-13Honourable Mr Justice A.D.Jagadish Chandira2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13.12.2019

CORAM:

THE HONOURABLE MR. JUSTICE A.D.JAGADISH CHANDIRA Crl.O.P.(MD)No. 18793 of 2019 and Crl.M.P.(MD) Nos. 11030 & 11034 of 2019 Visu ... Petitioner/A1 Vs

1. The State rep. by The Inspector of Police, Lalgudi Police Station, Trichy District.

(Crime No. 116 of 2018) ... 1st Respondent/Complainant

2. Sathish Kumar, Sub-Inspector of Police - 1039, Lalgudi Police Station, Trichy District.

...2nd Respondent/Defacto Complainant Prayer:Criminal Original Petition filed under Section 482 Cr.P.C. to call for the records pertaining to in C.C. No.72 of 2019 which is pending before the learned Judicial Magistrate Court, Lalkudi as against the petitioner in connection with Crime No. 116 of 2018 for the offences under Sections 143, 188 and 341 of IPC on the file of the first respondent and quash the same.

For Petitioner : Mr.S. Vanchinathan For Respondent-1 : Mr.S.Chandrasekar Additional Public Prosecutor

ORDER

This petition has been filed to quash the proceedings in C.C. No.72 of 2019 pending before the learned Judicial Magistrate, Lalkudi as against the petitioner in connection with Crime No. 116 of 2018 for the offences under Sections 143, 188 and 341 of IPC on the file of the first respondent police.

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 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 https://hcservices.ecourts.gov.in/hcservices/

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 petitioner 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. 72 of 2019 on the file of the learned Judicial Magistrate, Lalkudi is hereby quashed insofar as the petitioner is 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, Lalkudi.

2. The Inspector of Police, Lalgudi Police Station, Trichy District.

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

+1 CC to Mr.S.VANCHINATHAN, Advocate ( SR-104856[F]dated 13/12/2019 ) Crl.O.P.(MD)No.18793 of 2019 13.12.2019 VB(21.01.2020) 2P 5C https://hcservices.ecourts.gov.in/hcservices/