Mr.Tameem Ansari vs State Rep. By Its
2023 Latest Caselaw 11000 Mad

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                DATED : 22.08.2023

                                                      CORAM

                            THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH

                                              Crl.O.P.No.18786 of 2023
                                        and Crl.M.P.Nos.12537 & 12538 of 2023

                1.Mr.Tameem Ansari

                2.Mr.Sithik                                                         .. Petitioners

                                                         Vs.

                1.State Rep. by its
                  The Inspector of Police,
                  Muthupettai Police Station,
                  Tiruvarur.
                  (Crime No.329 of 2005)

                2.Mr.Sounderrarajan                                                ..Respondents

                PRAYER : Criminal Original Petition filed under Section 482 of the Code of

                Criminal Procedure, to call for the records in PRC No.1 of 2022 pending on the

                file of the Judicial Magistrate Court, Thiruthuraipoondi, Tiruvarur and quash the

                same.




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https://www.mhc.tn.gov.in/judis
                                  For Petitioner             : Mr.I.Abdul Basith

                                  For Respondent             : Mr.A.Damodaran
                                                               Additional Public Prosecutor for R1


                                                        ORDER

This petition has been filed to quash the proceedings in PRC No.1 of 2022

pending on the file of the learned Judicial Magistrate Court, Thiruthuraipoondi,

Tiruvarur.

2.Heard the learned counsel for the petitioner and the learned Additional

Public Prosecutor for the 1st respondent.

3.The final report was filed originally by the respondent police as against 31

accused persons for offence under Sections 147, 148, 324 of IPC and Section

25(1)(a) of the Arms Act, Section 307 r/w 149 of IPC and Section 3(1) of Tamil

Nadu Property (Prevention of Damage and Loss) Act, 1992. The case was split up

and A1 to A10 faced trial before the learned Chief Judicial Magistrate, Tiruvarur

in S.C.No.133 of 2016. The learned Chief Judicial Magistrate, Tiruvarur by

https://www.mhc.tn.gov.in/judis judgment dated 02.03.2017 acquitted all the ten accused persons on the ground that

the prosecution failed to prove the charges beyond reasonable doubt.

4.Taking into consideration, the above judgment of the learned Chief

Judicial Magistrate, Tiruvarur, the split up case in S.C.No.581 of 2017 as against

11 other accused persons was also quashed by this Court by an order dated

05.08.2019. Similarly, the other split up against two other accused persons in PRC

No.4 of 2006 was quashed by this Court in Crl.O.P.No.23802 of 2019 by order

dated 21.04.2022.

5.The petitioners are arrayed as A18 and A24 and the case against the

petitioners is pending in PRC No.1 of 2022. The petitioners are placed on par with

the other accused persons who have already been acquitted. In view of the same,

no useful purpose will be served in keeping the proceedings pending as against the

petitioners.

6.In the result, proceeding in PRC No.1 of 2022 pending on the file of the

learned Judicial Magistrate Court, Thiruthuraipoondi, Tiruvarur is hereby quashed

https://www.mhc.tn.gov.in/judis N.ANAND VENKATESH, J

ssr and accordingly, this criminal original petition stands allowed. Consequently,

connected miscellaneous petitions are closed.

22.08.2023 Index : Yes/No Internet : Yes/No Speaking/Non-Speaking Order ssr

To

1.The Judicial Magistrate Court, Thiruthuraipoondi, Tiruvarur.

2.The Inspector of Police, Muthupettai Police Station, Tiruvarur.

3.The Public Prosecutor, High Court, Madras.

Crl.O.P.No.18786 of 2023 and Crl.M.P.Nos.12537 & 12538 of 2023

https://www.mhc.tn.gov.in/judis