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Madras High CourtCRL OP(MD)/19413/2019allowed

R. Ravindran v. The Sub Inspector Of Police

2020-01-02Honourable Mr Justice A.D.Jagadish Chandira2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 02.01.2020

CORAM:

THE HONOURABLE MR. JUSTICE A.D. JAGADISH CHANDIRA Crl.O.P.(MD).No.19413 of 2019 and Crl.M.P(MD)No.11393 and 11394 of 2019 R.Ravindran

...Petitioner

Vs.

The Sub Inspector of Police (L&O), D1, Tallakulam Police Station Madurai City, Madurai (Crime No.491 of 2016) ... Respondent/Complainant PRAYER: This Criminal Original Petition has been filed under Section 482 of Criminal Procedure Code, to call for the records of the charge sheet in STC No. 229 of 2016 dated 26.03.2016 on the file of the learned Judicial Magistrate No.II, Madurai District for the petitioner concerned and quash the same.

For Petitioner : Mr.M.Lingadurai For Respondent : Mr.S.Chandrasekar Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed to quash the proceedings in STC No. 229 of 2016 dated 26.03.2016 on the file of the learned Judicial Magistrate No.II, Madurai District for the offences under Sections 188 of IPC and Section 4 of TNOPPD Act. 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 the 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 the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the respondent.

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5. Perused the materials 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 other in batch of cases in Crl.O.P(MD) No.7922 of 2019 dated 30.08.2019. Accordingly, the proceedings in STC No. 229 of 2016 dated 26.03.2016 on the file of the learned Judicial Magistrate No.II, Madurai District is hereby quashed insofar as the petitioner alone 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) aav To 1.The Judicial Magistrate No.II, Madurai District.

2. The Sub Inspector of Police (L&O), D1, Tallakulam Police Station Madurai City, Madurai 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1 CC to M/s.M.LINGADURAI, Advocate ( SR-24[F] dated 02/01/2020 ) Crl.O.P.(MD).No.19413 of 2019 and Crl.M.P(MD)No.11393 and 11394 of 2019 02.01.2020 sma/23/01/2020/2p/5c https://hcservices.ecourts.gov.in/hcservices/