Vajru @ Vajrudeen vs State
2023 Latest Caselaw 8630 Mad

                                                                                    Crl.O.P.No.16203 of 2023


                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                      DATED : 19.07.2023

                                                          CORAM :

                                  THE HON'BLE MR.JUSTICE N.ANAND VENKATESH

                                                 Crl.O.P.No.16203 of 2023
                                               and Crl.M.P.No.10233 of 2023

                    Vajru @ Vajrudeen                                      .. Petitioner

                                                           Versus

                    1. State, rep by Inspector of Police,
                       Nellikuppam Police Station,
                       Cr.No.1434 of 2004.

                    2. Arokiaraj                              .. Respondents

                    Prayer : Criminal Original Petition filed under Section 482 of the Code of
                    Criminal Procedure, to call for the records relating to Preliminary Register
                    Case in P.R.C.No.31 of 2011 pending on the file of the Court of the Judicial
                    Magistrate No.I, Cuddalore and quash the same in so far as the petitioner is
                    concerned.
                                     For Petitioner      : Mr.S.Abu Backer Sidhic

                                     For Respondents : Mr.A.Damodaran,
                                                 Additional Public Prosecutor
                                                 for R1




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                                                                                 Crl.O.P.No.16203 of 2023


                                                         ORDER

On the consent given by either side, the main petition itself has been

taken for final hearing since the matter is squarely covered by the earlier

order passed by this Court in Crl.O.P.No.28114 of 2019, dated 21.11.2019.

2. This petition has been filed seeking to quash the proceedings in

P.R.C.No.31 of 2011, pending on the file of the learned Judicial Magistrate

No.I, Cuddalore. The petitioner has been arrayed as A15 in this case.

3. It is seen from records that originally, there were 26 accused

persons including the petitioner herein. The case was split-up and was

committed to the Sessions Court, Cuddalore insofar as A1, A2, A3, A5, A7,

A8, A9, A10, A11, A12, A16, A17, A19, A20, A22, A25 and A26 are

concerned and it was assigned S.C.No.241 of 2011. After full-fledged trial,

all the accused persons were acquitted from all charges.

4. On an earlier occasion, one of the accused person, who was arrayed

as A13, approached this Court to quash the same proceedings. This Court,

after taking into consideration the fact that the said accused person was in a

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Crl.O.P.No.16203 of 2023

similar footing as that of A9, A11 and A12 was pleased to quash the

proceedings by an order dated 21.11.2019.

5. In the present case, the petitioner, who has been arrayed as A15, is

placed in the same footing like that of A16 and A17 and those two accused

persons were acquitted from all charges by virtue of the judgment passed in

S.C.No.241 of 2011.

6. The earlier order passed by this Court in Crl.O.P.No.28114 of 2019

wherein the entire law on this issue was discussed by this Court, will enure

to the benefit of the petitioner also.

7. In view of the above, this Court is of the considered view that the

petitioner need not go through the ordeal of facing a trial more particularly

since the petitioner is also in the similar footing as that of A16 and A17.

8. In the result, te proceedings in P.R.C.No.31 of 2011 pending on the

file of the learned Judicial Magistrate No.I, Cuddalore is hereby quashed

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Crl.O.P.No.16203 of 2023

and this Criminal Original Petition is allowed accordingly. Consequently,

connected miscellaneous petition is allowed.

                                                                                    19.07.2023
                    Index       : yes/no
                    Speaking order/Non-speaking order
                    Neutral Citation : yes/no
                    grs

                    To

                    1. The Public Prosecutor,
                       High Court of Madras.

                    2. The Inspector of Police,
                       Nellikuppam Police Station,
                       Cr.No.1434 of 2004.

                    3. The Judicial Magistrate No.I,
                       Cuddalore.




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                                             Crl.O.P.No.16203 of 2023


                                  N.ANAND VENKATESH, J.
                                                   grs




                                      Crl.O.P.No.16203 of 2023
                                  and Crl.M.P.No.10233 of 2023




                                                      19.07.2023




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