Madras High Court
Shekar @ Sasi vs State Represented By on 8 March, 2022
Crl.O.P.(MD)No.3963 of 2020
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 08.03.2022
CORAM:
THE HON'BLE MR.JUSTICE G.K.ILANTHIRAIYAN
Crl.O.P.(MD)No.3963 of 2020
&
Crl.M.P.(MD)No.2428 of 2020
1. Shekar @ Sasi
2. Lazar ...Petitioners
Vs.
1. State Represented by
The Inspector of Police,
Karungal Police Station,
Kanyakumari District.
(Crime No.38 of 2020)
2. George Jebasingh
3. G.Mohanan
*R3 impleaded as per order of this Court dated 07.03.2022
... Respondents
Prayer: This Criminal Original Petition filed under Section 482 Cr.P.C.to call
for the records pertaining to the Impugned FIR in Crime No.38 of 2020 dated
16.02.2020 for offences under sections 143 and 188 of Indian Penal Code and
3A of Tamil Nadu Town Nuisance Act, 1889 pending on the file of the
respondent No.1 and quash the same as illegal as against the petitioner alone.
https://www.mhc.tn.gov.in/judis
Crl.O.P.(MD)No.3963 of 2020
For Petitioner : Mr.J.Pandi Dorai
For Respondent : Mr.B.Thanga Aravindh
R1 Government Advocate (Criminal Side)
ORDER
This Criminal Original Petition has been filed to quash the proceedings in
Crime No.38 of 2020 on the file of the first 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 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.
https://www.mhc.tn.gov.in/judis
Crl.O.P.(MD)No.3963 of 2020
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 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.38 of 2020 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.
08.03.2022
Index : Yes / No
Internet : Yes/ No
PNM
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.
https://www.mhc.tn.gov.in/judis
Crl.O.P.(MD)No.3963 of 2020
To:
1. State Represented by
The Inspector of Police,
Karungal Police Station,
Kanyakumari District.
(Crime No.38 of 2020)
2. The Additional Public Prosecutor,
Madurai Bench of Madras High Court,
Madurai.
https://www.mhc.tn.gov.in/judis
Crl.O.P.(MD)No.3963 of 2020
G.K.ILANTHIRAIYAN,J.
PNM
ORDER IN
Crl.O.P.(MD)No.3963 of 2020
&Crl.M.P.(MD)No.2428 of 2020
08.03.2022
https://www.mhc.tn.gov.in/judis
