Mohamed Ismail vs State Represented By
2022 Latest Caselaw 4148 Mad

                                                               1

                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                     DATED : 03.03.2022

                                                           CORAM

                      THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA

                                                   Crl.O.P.No.4859 of 2022
                                                             and
                                                   Crl.M.P.No.2552 of 2022

                Mohamed Ismail,
                S/o.Musthapa @ Musthafa                                                ... Petitioner

                                                                Vs
                State Represented by
                The Sub Inspector of Police,
                Poraiyar Police Station,
                Nagapattinam.
                (Crime No.659 of 2020)                                                 ... Respondent

                PRAYER: This Criminal Original Petition has been filed under Section 482 of
                Criminal Procedure Code, to call for the records in Crime No.659 of 2020 on
                the file of the respondent police and quash the same.


                                  For Petitioner      : Mr.A.Raja Mohamed
                                  For Respondent      : Mr.A.Gokulakrishnan
                                                        Additional Public Prosecutor

                                                           ORDER

This Criminal Original Petition has been filed, to call for the records

in Crime No.659 of 2020 on the file of the respondent police and quash the

same.

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

2. The learned counsel appearing for the petitioner would submit that

the facts of the case are 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 Crl.O.P(MD).No.7922 of 2019 etc batch

dated 30.08.2019.

3. Mr.A.Gokulakrishnan, 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 both sides and perused the materials available on record.

5. 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 the case of Sri Raja vs Inspector of Police,

Sivakasi Town Police Station Virudhunagar District and other in

Crl.O.P(MD) No.7922 of 2019 etc batch dated 30.08.2019. https://www.mhc.tn.gov.in/judis

6. In view of the above, no useful purpose will be served by allowing

the proceedings to be continued against all the accused. This Criminal Original

Petition stands allowed and considering the facts and submissions, the

proceedings in Crime No.659 of 2020 on the file of the Sub Inspector of Police,

Poraiyar Police Station, Nagapattinam is hereby quashed in respect of all the

accused. Consequently, connected Criminal Miscellaneous Petition is closed.

                                                                                           03.03.2022

                Index     : Yes / No
                Internet  : Yes / No
                Speaking/Non-Speaking Order

                arb


                To

                1.The Sub Inspector of Police,
                  Poraiyar Police Station,
                  Nagapattinam.

                2.The Public Prosecutor,
                  High Court of Madras.




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


                                      A.D.JAGADISH CHANDIRA,J.

                                                                arb




                                            Crl.O.P.No.4859 of 2022
                                                                and
                                            Crl.M.P.No.2552 of 2022




                                                        03.03.2022

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