Murugesan v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 08.01.2020
CORAM:
THE HONOURABLE MR. JUSTICE A.D.JAGADISH CHANDIRA Crl.O.P.(MD).No.19463 of 2019 and Crl.M.P.(MD) Nos.11417 and 11418 of 2019 1.Murugesan 2.Srinivasa @ Kannan 3.Dharmaraj 4.Misa Soman 5.Muthukrishnan 6.Ramesh @ Kumari P.Ramesh 7.Thankappan 8.Sivakumar 9.Unnikrshnan 10.Sankar ..Petitioners Vs.
1.The State rep. by, The Inspector of Police, Thuckalay Police Station, Thuckalay, Kanyakumari District.
(Crime No.678 of 2017) 2.Sivasankari Inspector of Police, Thuckalay Police Station, Thuckalay, Kanyakumari District.
..Respondents PRAYER: This Criminal Original Petition has been filed under Section 482 of Criminal Procedure Code, to call for the records and quash the same in S.T.C.No.132 of 2018 on the file of the Judicial Magistrate No.1, Padmanabhapuram, Kanyakumari District, as against these petitioners alone.
For Petitioners : Mr.K.Prabhu For 1stRespondent : Mr.S.Chandrasekar Additional Public Prosecutor 1/3
O R D E R
This quash petition is filed to quash the criminal proceedings in S.T.C.No.132 of 2018 on the file of the Judicial Magistrate No.1, Padmanabhapuram, Kanyakumari District, thereby having been taken cognizance for the offences under Sections 143, 188 and 342 of I.P.C. as against the petitioners and others. 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 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.132 of 2018 on the file of the learned Judicial Magistrate No.I, Padmanabhapuram, Kanyakumair 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(Writs) // True Copy // / /2020 Sub Assistant Registrar(CS) vsg 2/3
To:
1.The Judicial Magistrate No.I, Padmanabhapuram, Kanyakumair District, 2.The Inspector of Police, Thuckalay Police Station, Thuckalay, Kanyakumari District.
3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
+1 CC to M/s.K.PRABHU, Advocate ( SR-781[F] dated 08/01/2020 ) Crl.O.P.(MD).No.19463 of 2019 and Crl.M.P.(MD) Nos.11417 and 11418 of 2019 08.01.2020 grl(CO) TR(24.01.2020) 3P 5C 3/3