Citation : 2022 Latest Caselaw 5809 Mad
Judgement Date : 22 March, 2022
Crl.O.P.(MD)No.9494 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 22.03.2022
CORAM
THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN
Crl.O.P(MD)No.9494 of 2021
&
Crl.M.P(MD)No.4842 of 2021
1. Ranjan
2. Ravi
3. Kathiresan
4. Sivakumar
5. Murugesan
6. Vivek
7. Anbumani
8. Rajendran
9. Krishnamoorthy
10. Sugumar @ Vandu
11. Kavitha
12. Kabila
13. Maheswari
14. [email protected] Subasri
15. Tamilselvi
16. Lalitha
17. Kannappan ... Petitioners/
Accused Nos.1 to 17
Vs.
1. The State represented by
The Inspector of Police,
Nachiyarkovil Police Station,
Thanjavur District.
(Crime No.994/2020)
2. Malarselvi ... Respondents/
Defacto Complainant
https://www.mhc.tn.gov.in/judis
Crl.O.P.(MD)No.9494 of 2021
Prayer: Criminal Original Petition is filed under Section 482 Cr.P.C., to call for
the records of the impugned FIR in Crime No.994 of 2020 on the file of the
first respondent Police Station and quash the same.
For Petitioners : Mr.A.Mohamed Hashim
For Respondents : Mr.B.Thanga Aravindh
Government Advocate (Criminal Side)
for R.1
Mr.S.Sankar for R.2
ORDER
This Criminal Original Petition has been filed to quash the FIR in Crime
No.994 of 2020 on the file of the first respondent Police Station.
2. The case of the prosecution is that the defacto complainant /
Malarselvi, is the Panchayat President of Krishnapuram Village Panchayat. On
09.07.2020, cleaning and deepening works were carried out in “Sannasi
Mandapa Kulam” under “Kudimaramath Scheme” under the supervision of
defacto complainant after getting permission from proper channel and at about
11.30 a.m, all the accused persons assembled there and waylaid the defacto
complainant and other labours and prevented them from entering into the Pond
and also prevented the JCB from carrying and intimidated her and hence, the
defacto complainant lodged this instant case as against the petitioners.
https://www.mhc.tn.gov.in/judis Crl.O.P.(MD)No.9494 of 2021
3. The learned counsel appearing for the petitioners would submit that
the facts of the case are exactly similar to the case 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
4. The learned Government Advocate (Criminal Side) appearing for the
first respondent would submit that the facts of the case are similar to the facts
covered under the judgment referred to above.
5. Heard the learned counsel appearing for the petitioners and the learned
Government Advocate (Criminal Side) appearing for the first respondent and
perused the materials on record.
6. The facts of this case are 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
https://www.mhc.tn.gov.in/judis Crl.O.P.(MD)No.9494 of 2021
Crl.O.P(MD) No.7922 of 2019 dated 30.08.2019. Accordingly, the
proceedings in Crime No.994 of 2020 on the file of the respondent police is
hereby quashed and the Criminal Original Petition is allowed. Consequently,
connected miscellaneous petition is closed.
22.03.2022
Index : Yes / No
Internet : Yes/ No
mga
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.
To
1. The Inspector of Police, Nachiyarkovil Police Station, Thanjavur District.
2. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
https://www.mhc.tn.gov.in/judis Crl.O.P.(MD)No.9494 of 2021
G.K.ILANTHIRAIYAN, J.
mga
Crl.O.P(MD)No.9494 of 2021 & Crl.M.P(MD)No.4842 of 2021
22.03.2022
https://www.mhc.tn.gov.in/judis
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