S.Mohammed Farooq vs State Rep. By
2021 Latest Caselaw 1537 Mad

                                                                                  Crl.O.P.No..18886 of 2020

                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                     DATED : 22.01.2021

                                                          CORAM

                         THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH

                                                 Crl.O.P.No.18886 of 2020
                                                and Crl.MP.No.7453 of 2020

                S.Mohammed Farooq                                             ... Petitioner

                                                            Vs.
                State Rep. By
                The Inspector of Police,
                Nellikuppam Police Station,
                Cr.No.1434 of 2004.                                                  ... Respondent

                Prayer: This Criminal Original Petition filed under Section 482 Cr.P.C. to call
                for the records relating to preliminary Register case in PRC. No.31 of 2011
                pending on the file of the learned Judicial Magistrate-I, Cuddalore and quash
                the same.
                                   For Petitioner          : Mr.S.Abubanker Sidhic
                                   For Respondents         : Mr.M.Mohammed Riyaz,
                                                             Additional Public Prosecutor

                                                          ORDER

On the consent given by either side, the main petition itself has been

taken for final hearing since the matter is squarely covered by the earlier order

passed by this Court in Crl.OP.No.28114 of 2019, dated 21.11.2019.

https://www.mhc.tn.gov.in/judis/

Crl.O.P.No..18886 of 2020

2. This petition has been filed seeking to quash the proceedings in PRC.

No.31 of 2011, pending on the file of the learned Judicial Magistrate-I,

Cuddalore. The petitioner has been arrayed as A18 in this case.

3. It is seen from records that originally, there were 26 accused persons

including the petitioner herein. The case was split-up and was committed to the

Sessions Court, Cuddalore insofar as A1, A2, A3, A5, A7, A8, A9, A10, A11,

A12, A16, A17, A19, A20, A22, A25 and A26 are concerned and it was assigned

S.C.No.241 of 2011. After full-fledged trial, all the accused persons were

acquitted from all charges.

4. On an earlier occasion, one of the accused person, who was arrayed as

A13, approached this Court to quash the same proceedings. This Court, after

taking into consideration the fact that the said accused person was in a similar

footing as that of A9,A11 and A12 was pleased to quash the proceedings by an

order dated 21.11.2019.

5. In the present case, the petitioner, who has been arrayed as A18, is

placed in the same footing like that of A16 and A17 and those two accused

persons were acquitted from all charges by virtue of the judgment passed in https://www.mhc.tn.gov.in/judis/ S.C.No.241 of 2011.

Crl.O.P.No..18886 of 2020

6. The earlier order passed by this Court in Crl.OP.No.28114 of 2019

wherein the entire law on this issue was discussed by this Court, will enure to

the benefit of the petitioner also.

7. In view of the above, this Court is of the considered view that the

petitioner need not go through the ordeal of facing a trial more particularly since

the petitioner is also in the similar footing as that of A16 and A17.

8. In result, the proceedings in in PRC. No.31 of 2011 pending on the file

of the learned Judicial Magistrate-I, Cuddalore, is hereby quashed and this

Criminal Original Petition is allowed accordingly. Consequently, connected

miscellaneous petition is closed.

22.01.2021

Speaking Order/Non-speaking Order

Index :Yes/No

Internet:Yes/No

rli

https://www.mhc.tn.gov.in/judis/

Crl.O.P.No..18886 of 2020

N.ANAND VENKATESH,J.

rli

To

1. The Judicial Magistrate-I, Cuddalore.

2. The Inspector of Police, Nellikuppam Police Station, Cuddalore District.

3. The Public Prosecutor High Court of Madras Chennai – 600 104.

Crl.O.P.No.18886 of 2020 and Crl.MP.No.7453 of 2020

22.01.2021

https://www.mhc.tn.gov.in/judis/