Madras High CourtCRL OP(MD)/11254/2011allowed

S. Thirunavukarasar v. The Inspector Of Police

2018-07-11Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 11.07.2018 CORAM :

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl OP (MD)No.11254 of 2011 and MP(MD)Nos.1 to 3 of 2011 1.S.Thirunavukarasar 2.Thennavan 3.Durai Ganesan 4.Sivanantham 5.Narayanan ... Petitioners Vs.

State.rep.by The Inspector of Police, Karaikudi North Police Station, Karaikudi.

(Crime No.130/2011) ... Respondent Prayer : This Criminal Original Petition is filed under Section 482 of Cr.PC, to call for the records in S.T.C.No.1823 of 2011 pending on the file of the learned Judicial Magistrate, Karaikudi and quash the same.

For Petitioners : Mr.S.Veeranasamy For Respondent : Mr.A.Robinson, Government Advocate

ORDER

Heard the learned counsel on either side.

2.The petitioners filed this Criminal Original Petition for quashing the impugned proceedings in S.T.C.No.1823 of 2011 pending on the file of the learned Judicial Magistrate, Karaikudi. The case was registered in April 2011 as the number of cars exceeded the limit stipulated by the Electoral Authority. In this case, the requirement under Section 195 of Cr.Pc has not been followed. The case was taken on file based on the police report. 3.In this view of the matter, this Court is of the view that continuing the impugned prosecution would only amount to an abuse of legal process. Hence, the impugned proceedings in S.T.C.No.1823 https://hcservices.ecourts.gov.in/hcservices/

of 2011 on the file of the learned Judicial Magistrate, Karaikudi stands quashed. This petition stands allowed. Consequently, connected miscellaneous petitions are closed. Sd/- Assistant Registrar (CS-I) /True Copy/ Sub Assistant Registrar(CS-III) To

1. The Judicial Magistrate, Karaikudi.

2. The Inspector of Police, Karaikudi North Police Station, Karaikudi.

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

SKM TE/RP/SAR-3 : 09/08/2018 : 2P/4C Crl OP (MD)No.11254 of 2011 and MP(MD)Nos.1 to 3 of 2011 11.07.2018 https://hcservices.ecourts.gov.in/hcservices/