Madras High CourtCRL OP(MD)/18987/2019allowed

Arumugam v. The Inspector Of Police

2019-12-18Honourable Mr Justice A.D.Jagadish Chandira3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 18.12.2019

CORAM:

THE HONOURABLE MR. JUSTICE A.D.JAGADISH CHANDIRA and Crl.M.P.(MD) Nos.11144 and 11145 of 2019 1.Arumugam 2.Thangamangani 3.Selvamani 4.Annkodi 5.Johnraj 6.Thangaraj 7.Sakthivel 8.Marutharaj ..Petitioners Vs.

1.The State rep. by, The Inspector of Police, Vanniyampatti Police Station, Virudhunagar District.

(Crime No.75 of 2014) 2.Namachivayam ..Respondents 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.1181 of 2014 pending before the learned Judicial Magistrate No.II, Srivilliputhur, Virudhunagar District and quash the same in respect of petitioners herein.

For Petitioners : Mr.D.Farjana Ghoushia For 1stRespondent : Mr.S.Chandrasekar Additional Public Prosecutor

O R D E R

This quash petition is filed to quash the criminal proceedings in S.T.C.No.1181 of 2014 pending before the learned Judicial Magistrate No.II, Srivilliputhur, Virudhunagar District, thereby having been taken cognizance for the offences under Sections 171(C) (1) r/w Section 171(F) and 290, 188 of I.P.C. as against the petitioner and others.

2.The learned counsel appearing for the petitioners would submit that the facts of the case are exactly similar to the case 1/3

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 first respondent police 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.1181 of 2014 on the file of the learned Judicial Magistrate No.II, 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 (CRL.SIDE) // True Copy // / /2020 Sub Assistant Registrar(CS) vsg To 1.The Judicial Magistrate No.II, Srivilliputhur, Virudhunagar District.

2.The Inspector of Police, Vanniyampatti Police Station, Virudhunagar District.

2/3

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

+1 CC to MR.G.MARIAPPAN, Advocate ( SR-105737[F] dated 18/12/2019 ) and Crl.M.P.(MD) Nos.11144 and 1145 of 2019 18.12.2019 KM/(21.01.2020) 3P 5C 3/3