Alaudhin @ Sheik Alaudhin vs The Inspector Of Police
2022 Latest Caselaw 7273 Mad

                                                                        Crl.O.P.(MD)No.6342 of 2022

                       BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                 DATED: 06.04.2022

                                                        CORAM:

                                  THE HON'BLE MR.JUSTICE G.K.ILANTHIRAIYAN

                                            Crl.O.P.(MD)No.6342 of 2022
                                                       and
                                       Crl.M.P(MD) Nos.4405 and 4406 of 2022


                Alaudhin @ Sheik Alaudhin                                         ...Petitioner
                                                          Vs.

                The State through
                1. The Inspector of Police,
                   Kayathar Police Station,
                   Tuticorin District.
                  (Crime No.366/2012)

                2. Muthukrishnan                                                  ... Respondents

                Prayer: This Criminal Original Petition filed under Section 482 Cr.P.C. to call
                for the records relating to the Charge Sheet in C.C.No.333/2013 on the file of
                the Judicial Magistrate No.II, Kovilpatti and quash the same as against as
                petitioner/Accused No.2 are concern.


                                       For Petitioner    : Mr.C.Susi Kumar

                                       For Respondents : Mr.R.M.Anbunithi
                                                         Additional Public Prosecutor
                                                         (Criminal side)
                                                         for R1


https://www.mhc.tn.gov.in/judis
                1/5
                                                                         Crl.O.P.(MD)No.6342 of 2022




                                                       ORDER

This Criminal Original Petition has been filed to quash the

proceedings in C.C.No.333 of 2013, on the file of the learned Judicial

Magistrate No.II, Kovilpatti.

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 batch of cases in

Crl.O.P(MD) No.7922 of 2019 dated 30.08.2019.

3. The learned Government Advocate appearing for the respondent

police 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 Government Advocate appearing for the respondent police.

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

Crl.O.P.(MD)No.6342 of 2022

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 C.C.No.333 of 2013, on the file of the learned Judicial

Magistrate No.II, Kovilpatti is hereby quashed insofar as the petitioner alone

and the Criminal Original Petition is allowed. Consequently, connected

miscellaneous petitions are closed.

                                                                              06.04.2022
                Index             : Yes / No
                Internet          : Yes/ No
                PNM

                Note:

In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

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

Crl.O.P.(MD)No.6342 of 2022

To:

1.The Judicial Magistrate No.II, Kovilpatti.

2. The Inspector of Police, Kayathar Police Station, Tuticorin District.

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

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

Crl.O.P.(MD)No.6342 of 2022

G.K.ILANTHIRAIYAN,J.

PNM

ORDER IN

Crl.O.P.(MD)No.6342 of 2022 and Crl.M.P(MD) Nos.4405 and 4406 of 2022

06.04.2022

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