Madras High Court
Nagaraj vs State Rep.By on 19 May, 2022
Crl.O.P.(MD) No.9340 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 19.05.2022
CORAM
THE HONOURABLE MRS. JUSTICE T.V.TAMIL SELVI
CRL.O.P (MD) No.9340 of 2022
in
Crl.MP.(MD)Nos.6076 & 6077 of 2022
Nagaraj ... Petitioner/A19
Vs
1.State rep.by
The Inspector of Police,
Andipatti Police Station,
Theni District.
Crime No.285 of 2017. ... 1st Respondent/Complainant
2.Jeyachandran ...2nd Respondent/Defacto
Complainant
PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, to
call for the records pertaining to the impugned charge sheet in S.T.C.No.
2443 of 2017 pending on the file of the learned Judicial Magistrate,
Aundipatti, Theni District and quash the same as illegal in so far a the
petitioner/accused No.19 concerned.
For Petitioner : Mr.A.Ram Kumar,
For 1st Respondent : Mr.M.Sakthi Kumar,
Government Advocate (Criminal Side)
1/4
https://www.mhc.tn.gov.in/judis
Crl.O.P.(MD) No.9340 of 2022
ORDER
This Criminal Original Petition is filed for a direction to call for the
records pertaining to the impugned charge sheet in S.T.C.No.2443 of 2017
pending on the file of the learned Judicial Magistrate, Aundipatti, Theni
District and quash the same as illegal in so far a the petitioner/accused No.
19 concerned.
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 (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.
https://www.mhc.tn.gov.in/judis
Crl.O.P.(MD) No.9340 of 2022
4.Heard the learned counsel appearing for the petitioner and the
learned Government Advocate (Crl.Side) appearing for the first 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
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 S.T.C.No.2443 of 2017 pending on the file
of the learned Judicial Magistrate, Aundipatti, Theni District, is hereby
quashed insofar as the petitioner alone and the Criminal Original Petition is
allowed. Consequently, connected miscellaneous petitions are closed.
19.05.2022
dss
https://www.mhc.tn.gov.in/judis
Crl.O.P.(MD) No.9340 of 2022
T.V.TAMIL SELVI, J.
dss
To
1.The Inspector of Police,
Andipatti Police Station,
Theni District.
2.The Additional Public Prosecutor,
Madurai Bench of Madras High Court,
Madurai.
Order made in
CRL.O.P (MD) No.9340 of 2022
19.05.2022
https://www.mhc.tn.gov.in/judis
