Madras High Court
Asarudeen vs The State Represented By on 4 March, 2022
Crl.O.P.No.4954 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 04.03.2022
CORAM
THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA
Crl.O.P.No.4954 of 2022
Asarudeen ... Petitioner
Vs.
The State Represented by
The Inspector of Police,
Kattumannarkoil Police Station,
Cuddalore District. ... Respondent
Prayer: The Criminal Original Petition filed under Section 482 of the
Criminal Procedure Code, pleased to call for the records in Crime No.139 of
2018 on the file of the respondent-Police and quash the same.
For Petitioner : Mr.K.Bommuraj
For Respondent : Mr.A.Gokulakrishnan
Additional Public Prosecutor(Crl.Side)
ORDER
This Criminal Original Petition has been filed to quash the proceedings
in Crime No. 139 of 2018 dated 05.04.2018 on the file of the respondent
Kattumannarkoil Police Station, Cuddalore District, for the offences under
Sections 143 and 188 of I.P.C.
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https://www.mhc.tn.gov.in/judis
Crl.O.P.No.4954 of 2022
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 batch of cases in
Crl.O.P(MD) No.7922 of 2019 dated 30.08.2019.
3. The learned Additional Public Prosecutor (Crl.Side) 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 (Crl.Side) appearing for the 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
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Crl.O.P.No.4954 of 2022
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.
7. In view of the above, this Court is of the opinion that further
continuance of proceedings is nothing but an abuse of process of law in
respect of all other accused also.
8. Accordingly, the criminal original petition stands allowed, the
proceedings in Crime No. 139 of 2018 dated 05.04.2018 on the file of the
respondent Kattumannarkoil Police Station, Cuddalore District, is hereby
quashed in respect of all the accused.
04.03.2022
Index : Yes/No
Internet : Yes/No
Speaking/Non-speaking Order
srn
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https://www.mhc.tn.gov.in/judis
Crl.O.P.No.4954 of 2022
A.D.JAGADISH CHANDIRA, J.
srn
To
1. The Inspector of Police,
Kattumannarkoil Police Station,
Cuddalore District
2.The Public Prosecutor,
High Court of Madras.
Crl.O.P.No.4954 of 2022
04.03.2022
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https://www.mhc.tn.gov.in/judis
