Madras High Court
Amaanulla vs The Inspector Of Police on 29 April, 2022
Crl.O.P(MD)No.8435 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 29.04.2022
CORAM
THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN
Crl.O.P(MD)No.8435 of 2022
and
Crl.M.P.(MD).Nos.5701 and 5704 of 2022
Amaanulla ... Petitioner
Vs.
1.The Inspector of Police,
Colachel Police Station,
Kanyakumari District.
(In Crime No.38 of 2020)
2.Jothi Stanislas ... Respondents
Prayer: Criminal Original Petition is filed under Section 482 Cr.P.C., to call for
the records pertaining to the charge sheet in S.T.C.No.764 of 2020 on the file of
the learned Judicial Magistrate, Eraniel and quash the same.
For Petitioner : Mr.K.Naveentharaja
For R-1 : Mr.B.Thanga Aravindh
Government Advocate (Crl.side)
ORDER
This Criminal Original Petition has been filed to quash the proceedings
in S.T.C.No.764 of 2020 on the file of the learned Judicial Magistrate,
Eraniel.
https://www.mhc.tn.gov.in/judis
Crl.O.P(MD)No.8435 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 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.
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.8435 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 S.T.C.No.764 of 2020 on the file of the learned Judicial
Magistrate, Eraniel, is hereby quashed insofar as the petitioner alone and the
Criminal Original Petition is allowed. Consequently, connected miscellaneous
petitions are closed.
29.04.2022
Index : Yes / No
Internet : Yes/ No
vsg
Note: (i)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 Judicial Magistrate,
Eraniel.
2.The Inspector of Police,
Colachel Police Station,
Kanyakumari 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.8435 of 2022
G.K.ILANTHIRAIYAN, J.
vsg
Crl.O.P(MD)No.8435 of 2022
and
Crl.M.P.(MD).Nos.5701 and 5704 of 2022
29.04.2022
https://www.mhc.tn.gov.in/judis
