Madras High Court
Fathima Babu vs The State Represented By on 25 March, 2022
1
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 25.03.2022
CORAM:
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN
Crl.O.P.(MD) No.5526 of 2022
and
Crl.M.P(MD) No.3927 of 2022
Fathima Babu
(Wrongly mentioned as Fathima Babu
instead of Fathima in FIR) ...Petitioner
Vs.
1. The State represented by
The Inspector of Police,
Thoothukudi South Police Station,
Thoothukudi District.
(Crime No.657 of 2016)
2. Suresh
Additional Head Quarters Tahsildhar
Election Flying Squad
Thoothkudi Assembly Constituency
Thoothukudi District ...Respondents
PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C. praying to
call for the entire records pertaining to the impugned First Information Report
in Crime No.657 of 2016 on the file of respondent No.1 Police Station and
quash as against the petitioner concerned.
For Petitioner : Mr.Henri Tiphagne
For Respondents : Mr.R.M.Anbunithi
No.1 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.657 of 2016 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.
5. Perused the materials on record.
https://www.mhc.tn.gov.in/judis
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.71 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.
25.03.2022
Internet:Yes
Index:Yes/No
Speaking/Non speaking order
aav
To
1. The Inspector of Police,
Thoothukudi South Police Station,
Thoothukudi District.
2. The Additional Public Prosecutor
Madurai Bench of Madras High Court
https://www.mhc.tn.gov.in/judis
G.K.ILANTHIRAIYAN.J.,
aav
Crl.O.P.(MD) No.5526 of 2022
and
Crl.M.P(MD) No.3927 of 2022
25.03.2022
https://www.mhc.tn.gov.in/judis
