Madras High Court
Kathiravan vs The State Represented By on 25 March, 2022
1
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 25.03.2022
CORAM
THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA
Crl.O.P(MD).No.5380 of 2022
and
Crl.M.P(MD).Nos.3811 & 3813 of 2022
1.Kathiravan,
S/o.Peyandi Thevar.
2.M.Pasumpon,
S/o.Late Muthukannu Thevar.
3.Elangovan,
S/o.Poosri Rasu.
4.D.Ganesan,
S/o.Devaraj.
5.P.Vadivel,
S/o.Periakaruppu Thevar.
6.Arumugam,
S/o.Virumandi.
7.Manikandan,
S/o.Dharmar.
8.R.Baskara Pandian,
9.Red Kasi
S/o.Ramu.
10.R.Thiruppathi,
S/o.Raman.
11.Mohan,
S/o.Mayandi.
12.Dhanasekaran,
S/o.Otcha Thevar.
13.Vicky @ Vivek Kumar,
S/o.Paraman.
14.S.Pandi,
S/o.Sakkarai Thevar.
https://www.mhc.tn.gov.in/judis
2
15.Samy R.K.,
S/o.Rajangam. ... Petitioners
Vs
1.The State Represented by,
The Inspector of Police,
Sellur Police Station,
Madurai City,
In Cr.No.2192 of 2017
2.Pradeep, K.A.S.,
Sub-Inspector of Police (L&O),
Sellur Police Station,
Madurai City. ... Respondents
PRAYER: This Criminal Original Petition has been filed under Section 482 of
Criminal Procedure Code, to call for the records pertaining to the Impugned
Charge Sheet in S.T.C.No.606 of 2018 pending on the file of the Learned
Judicial Magistrate No.II, Madurai and quash the same as illegal.
For Petitioners : Mr.S.Sades Kumar
For Respondents : Mr.A.Gokulakrishnan
Additional Public Prosecutor
ORDER
This Criminal Original Petition has been filed, to call for the records
pertaining to the Impugned Charge Sheet in S.T.C.No.606 of 2018 pending on
the file of the Learned Judicial Magistrate No.II, Madurai and quash the same
as illegal.
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. He would further submit that the petitioner along with his
party cadres have gone to garland the statue of the great leader
Thiru.Muthuramalinga Thevar and during such time no untoward incident had
happened and it was only a political function. However, the petitioners have
also not restrained any person.
3. Mr.A.Gokulakrishnan, learned Additional Public Prosecutor
appearing for the respondents 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
https://www.mhc.tn.gov.in/judis
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. Considering the
facts and submissions, the proceedings in S.T.C.No.606 of 2018 on the file of
the Judicial Magistrate No.II, Madurai, is hereby quashed insofar as the
petitioner is concerned and the Criminal Original Petition is allowed.
Consequently, connected Criminal Miscellaneous Petitions are closed.
25.03.2022
Index : Yes / No
Internet : Yes / No
Speaking/Non-Speaking Order
rgm/vkr
https://www.mhc.tn.gov.in/judis
To
1.The Inspector of Police,
Sellur Police Station,
Madurai City,
In Cr.No.2192 of 2017
2.Pradeep, K.A.S.,
Sub-Inspector of Police (L&O),
Sellur Police Station,
Madurai City.
2.The Public Prosecutor,
High Court of Madras.
https://www.mhc.tn.gov.in/judis
A.D.JAGADISH CHANDIRA,J.
rgm/vkr
Crl.O.P(MD).No.5380 of 2022
and
Crl.M.P(MD).Nos.3811 & 3813 of 2022
25.03.2022
https://www.mhc.tn.gov.in/judis
