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Madras High CourtCRL OP(MD)/19673/2019allowed

Rajappa v. The Inspector Of Police

2020-01-10Honourable Mr Justice A.D.Jagadish Chandira2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 10.01.2020

CORAM:

THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA Crl.O.P.[MD] No.19673 of 2019 1.Rajappa 2.Nedunchezhian 3.Bazheer Ahamed 4.Noorjakhan Begam 5.Nagaraj 6.Vijayan : Petitioners/Accused Nos. 8 to 10 vs.

1.The State rep. by The Inspector of Police, Town North Police Station, Dindigul, Dindigul District. : 1st Respondent/Complainant (Crime No.42 of 2017) 2.Mariappan :2nd Respondent/Defacto complainant PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure to call for the records relating to the case in S.T.C.No.665 of 2019 on the file of the learned Judicial Magistrate No.I, Dindigul District and quash the same. For Petitioner : Mr.P.Mahendran For Respondents : Mr.S.Chandrasekar Additional Public Prosecutor (for R1)

O R D E R

This Criminal Original Petition has been filed to quash the proceedings in S.T.C No.665 of 2019 on the file of the Judicial Magistrate No.I, Dindigul District for the offences under Sections 143, 188, 341, 174(a) 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 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 https://hcservices.ecourts.gov.in/hcservices/

3. The learned Additional Public Prosecutor 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 Additional Public Prosecutor appearing for the respondent police 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. Accordingly, the proceedings in STC No.665 of 2019 on the file of the Judicial Magistrate No.I, Dindigul District is hereby quashed insofar as the petitioners alone and the Criminal Original Petition is allowed. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar () // True Copy // / /2020 Sub Assistant Registrar(CS) skn To 1.The Inspector of Police, Town North Police Station, Dindigul, Dindigul District.

2.The Judicial Magistrate No.I, Dindigul District.

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

Crl.O.P.[MD] No.19673 of 2019 10.01.2020 VB(28.01.2020) 2P 4C https://hcservices.ecourts.gov.in/hcservices/