Abuthahir @ Abu vs The Inspector Of Police
2022 Latest Caselaw 1965 Mad

                                                   1

                       BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                           DATED : 07.02.2022

                                                 CORAM:

                        THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN

                                   Crl.O.P.(MD).No.2435 of 2022
                                                and
                                   Crl.M.P(MD)No.1796 of 2022

                Abuthahir @ Abu                                     ...Petitioner

                                                    Vs.

                1. The Inspector of Police
                   S.S. Colony Police Station,
                   Madurai City

                2. Elangovan
                   Sub Inspector of Police-6943
                   S.S.Colony Police Station
                   Madurai                                           ... Respondents

                PRAYER: This Criminal Original Petition has been filed under
                Section 482 of Criminal Procedure Code, to call for the records
                pertaining to the impugned FIR in Crime No.72 of 2017 on the file
                of the first respondent and quash the same as illegal in so far as the
                petitioner is concerned.




                                  For Petitioner    : Mr.Mohamed Yusuf
                                  For Respondents: Mr.R.M.Anbunithi
                                                   Additional Public Prosecutor




https://www.mhc.tn.gov.in/judis
                                                          2

                                                       ORDER

This Criminal Original Petition has been filed to quash the

proceedings in Crime No.72 of 2017 on the file of the respondent

police.

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 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

respondent.

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

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 Crime No.72 of 2017

on the file of the respondent police is hereby quashed insofar as

the petitioner alone and the Criminal Original Petition is allowed.

Consequently, connected miscellaneous petition is closed.

                Index               : Yes / No                                   07.02.2022
                Internet             : Yes / No
                aav

                To

                1. The Inspector of Police
                   S.S. Colony Police Station,
                   Madurai City

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

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

G.K.ILANTHIRAIYAN,J.,

aav

Crl.O.P.(MD).No.2435 of 2022 and Crl.M.P(MD)No.1796 of 2022

07.02.2022

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