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Madras High CourtCRL OP(MD)/19081/2019allowed

Murugesan v. The Inspector Of Police

2019-12-19Honourable Mr Justice A.D.Jagadish Chandira3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 19.12.2019

CORAM:

THE HONOURABLE MR. JUSTICE A.D. JAGADISH CHANDIRA Crl.O.P.(MD).No.19081 of 2019 and Crl.M.P(MD)Nos.11207 and 11208 of 2019

1. Murugesan

2. Murugesan

3. Sivaraj

4. Masanam

5. Ghandhi

6. Venkadesh

7. Narayanan

8. Selvaraj

9. Vilvalingam 10.Duraisingam 11.Muthuramalingam 12.Manimegalai 13.Ramar 14.Nagalakshmi 15.Sathiyamoorthi 16.Marimuthu 17.Boominathan 18.Sakthivel 19 Vetrimalai 20.Paluchamy 21.Paramasivam 22.Kasinathan 23.Periyasamy

...Petitioners/Accused Nos. 1 to 23

Vs.

1. The State rep. By The Inspector of Police, Sayalkudi Police Station Ramnad District (Crime No.123 of 2017) ...1st Respondent/Complainant

2. Maripandiyan VAO, Iruveli Village Sayalkukdi Group Kadaladi Taluk Ramnad District ...2nd Respondent/ Defacto Complainant PRAYER: This Criminal Original Petition has been filed under Section 482 of Criminal Procedure Code, to call for the records in respect of C.C.No. 165 of 2019 on the file of the Judicial Magistrate, Kadaladi and quash the same.

For Petitioners : Mr.D.Venkatesh For Respondent : Mr.R.Anandharaj Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed to quash the proceedings in C.C.No. 165 of 2019 on the file of the Judicial Magistrate, Kadaladi 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 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 C.C.No. 165 of 2019 on the file of the Judicial Magistrate, Kadaladi 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 () // True Copy // / /2020 Sub Assistant Registrar(CS) aav To 1.The Judicial Magistrate, Kadaladi.

2.The Inspector of Police, Sayalkudi Police Station Ramnad District

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

+1 CC to Mr.D.VENKATESH, Advocate ( SR-106292[F] dated 20/12/2019 ) Crl.O.P.(MD).No.19081 of 2019 and Crl.M.P(MD)Nos.11207 and 11208 of 2019 19.12.2019 VB(21.01.2020) 3P 5C