Madras High Court
Santhanasekar vs State Represented By on 22 April, 2022
Crl.O.P(MD)No.7398 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.7398 of 2022
Santhanasekar ... Petitioner/Accused No.1
Vs.
1.State represented by
The Inspector of Police,
Sipcot Police Station,
Thoothukudi,
Thoothukudi District.
(Crime No.183 of 2018) ... 1st Respondent/Complainant
2.P.Muthumalai ... 2nd Respondent/Defacto Complainant
Prayer: Criminal Original Petition is filed under Section 482 Cr.P.C., to call for
the First Information Report pertaining to the case in Crime No.183 of 2018 on
the file of the first respondent and quash the same.
For Petitioner : Mr.S.Ramasamy
For Respondents : Mr.R.M.Anbunithi
Additional Public Prosecutor (Criminal Side)
for R.1
ORDER
This Criminal Original Petition has been filed to quash the proceedings
in Crime No.183 of 2018 on the file of the first respondent.
https://www.mhc.tn.gov.in/judis
Crl.O.P(MD)No.7398 of 2022
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 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 petitioner and the learned
Additional Public Prosecutor appearing for the first respondent.
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
https://www.mhc.tn.gov.in/judis
Crl.O.P(MD)No.7398 of 2022
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 Crime No.183 of 2018 on the file of the respondent police is
hereby quashed insofar as the petitioner alone and the Criminal Original
Petition is allowed.
22.04.2022
Index : Yes / No
Internet : Yes/ No
vsd
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.
To
1.The Inspector of Police,
Sipcot Police Station,
Thoothukudi,
Thoothukudi District.
2. The Additional Public Prosecutor,
Madurai Bench of Madras High Court,
Madurai.
https://www.mhc.tn.gov.in/judis
Crl.O.P(MD)No.7398 of 2022
G.K.ILANTHIRAIYAN, J.
vsd
Crl.O.P(MD)No.7398 of 2022
22.04.2022
https://www.mhc.tn.gov.in/judis
