Diwan Oli Mohamed @ Diwan Oli vs The State Represented By
2022 Latest Caselaw 8510 Mad

                                                                                Crl.O.P(MD)No.8139 of 2022


                          BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                    DATED : 22.04.2022

                                                         CORAM

                              THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN

                                             Crl.O.P(MD)No.8139 of 2022
                                                        and
                                        Crl.M.P(MD)Nos.5488 and 5490 of 2022


                1.Diwan Oli Mohamed @ Diwan Oli
                2.Sardhar                                        ... Petitioners/Accused Nos.1& 2

                                                      Vs.

                1.The State represented by
                  The Inspector of Police,
                  Tenkasi Police Station,
                  Tirunelveli District.
                  (Presently Tenkasi District)
                  (Crime No.292 of 2018)                     ... 1st Respondent/Complainant

                2.Siluvai Antony                             ... 2nd Respondent/Defacto Complainant


                Prayer: Criminal Original Petition is filed under Section 482 Cr.P.C., to call for
                the records pertaining to the charge sheet in C.C.No.454 of 2018 on the file of
                the Judicial Magistrate, Tenkasi and quash the same as illegal so far as the
                petitioners are concerned.


                                  For Petitioners      : Mr.K.Navaneetharaja
                                  For Respondents      : Mr.R.M.Anbunithi
                                                         Additional Public Prosecutor (Criminal Side)
                                                         for R1

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

                1/4
                                                                              Crl.O.P(MD)No.8139 of 2022


                                                       ORDER

This Criminal Original Petition has been filed to quash the proceedings

in C.C.No.454 of 2018 on the file of the learned Judicial Magistrate, Tenkasi.

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 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 Additional Public Prosecutor appearing for the first

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 petitioners and the learned

Additional Public Prosecutor appearing for the first respondent.

5.Perused the materials on record.

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

Crl.O.P(MD)No.8139 of 2022

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.454 of 2018 on the file of the learned Judicial

Magistrate, Tenkasi, is hereby quashed insofar as the petitioners alone and the

Criminal Original Petition is allowed. Consequently connected miscellaneous

petitions are closed.

                                                                               28.04.2022

                Index             : Yes / No
                Internet          : Yes/ No
                vsd


                To

                1.The Judicial Magistrate,
                  Tenkasi.

                2.The Inspector of Police,
                  Tenkasi Police Station,
                  Tirunelveli District.
                  (Presently Tenkasi 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.8139 of 2022

G.K.ILANTHIRAIYAN, J.

vsd

Crl.O.P(MD)No.8139 of 2022 and Crl.M.P(MD)Nos.5488 and 5490 of 2022

28.04.2022

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