Crl.O.P.(MD)Nos.8680 & 8681 of 2019

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

Reserved on : 20.12.2021

Delivered on : 02.02.2022

CORAM:

THE HONOURABLE MR.JUSTICE K.MURALI SHANKAR

Crl.O.P.(MD)Nos.8680 & 8681 of 2019

and

Crl.M.P.(MD)Nos.5427, 5428, 5429 & 5430 of 2019

Crl.O.P.(MD)No.8680 of 2019:

Vijay

... Petitioner/

Accused No.15

vs.

1.State represented by

The Inspector of Police,

Panagudi Police Station,

Tirunelveli District.

... 1st Respondent/

Complainant

2.F.Anto Pradeep,

Sub-Inspector of Police,

Panagudi Police Station,

Tirunelveli District.

...2nd Respondent/

Defacto

Complainant

PRAYER : Criminal Original Petition filed under Section 482 Cr.P.C,

to call for the records pertaining to the charge sheet dated

30.01.2018 (produced before the Court on 19.11.2018) in C.C.No.306

of 2018 on the file of the learned Judicial Magistrate , Valliyoor,

Tirunelveli, which was filed against the petitioner and quash the

same as illegal.

Crl.O.P.(MD)No.8681 of 2019:

Vijay

... Petitioner/

Accused No.16

vs.

1.State represented by

The Inspector of Police,

1/10

https://hcservices.ecourts.gov.in/hcservices/

Crl.O.P.(MD)Nos.8680 & 8681 of 2019

Panagudi Police Station,

Tirunelveli District.

... 1st Respondent/

Complainant

2.Sahadevan,

Village Administrative Officer,

Panagudi Village Part-II

Tirunelveli District.

...2nd Respondent/

Defacto Complainant

PRAYER : Criminal Original Petition filed under Section 482 Cr.P.C,

to call for the records pertaining to the charge sheet dated

30.01.2018 (produced before the Court on 19.11.2018) in C.C.No.308

of 2018 on the file of the learned Judicial Magistrate, Valliyoor,

Tirunelveli, which was filed against the petitioner and quash the

same as illegal.

(in both cases)

For Petitioner : Mr.G.Prabu Rajadurai

for Mr.V.Rajiv Rufus

For Respondents : Mr.M.Muthumanikkam

Government Advocate (Crl. side) for R1

No appearance for R2

COMMON ORDER

These Criminal Original Petitions have been filed, invoking

Section 482 Cr.P.C., seeking orders to call for the records in

C.C.No.306 of 2018 and C.C.No.308 of 2018 pending on the file of the

Court of the Judicial Magistrate, Valliyoor, and quash the same.

2.The petitioner is the accused No.15 in C.C.No.306 of 2018 and

the accused No.16 in C.C.No.308 of 2018 pending on the file of the

Court of the Judicial Magistrate, Valliyoor.

3.In Crl.O.P.(MD)No.8680 of 2019, on the basis of the complaint

lodged by the second respondent, FIR came to be registered in Crime

No.50 of 2018 against seven persons for the alleged offences under

Sections 143, 188, 353, 286 IPC, Section 3-A of TN Town Nuisance

Act, 1889 and Section 3 of the Noise Pollution (Regulation and

Control) Rules 2000.

4.The first respondent after completing the investigation, has

laid a final report dated 30.01.2018 under Section 173 Cr.P.C.

against 22 accused arraying the petitioner as the accused No.15 for

the alleged offences under Sections 143, 188, 353, 286, 290, 291

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Crl.O.P.(MD)Nos.8680 & 8681 of 2019

IPC, Section 3-A of TN Town Nuisance Act, 1889 and Section 3 of the

Noise Pollution (Regulation and Control) Rules 2000 and the case was

taken on file in C.C.No.306 of 2018 and the same is pending on the

file of the learned Judicial Magistrate, Valliyoor.

5.In Crl.O.P.(MD)No.8681 of 2019, on the basis of the complaint

given by the second respondent therein, FIR came to be registered in

Crime No.53 of 2018 against six named persons and others for the

alleged offences under Sections 143, 188, 290, 291, 353, 286 IPC,

Section 3-A of TN Town Nuisance Act, 1889 and Section 3 of the Noise

Pollution (Regulation and Control) Rules 2000.

6.The first respondent, after completing the investigation, has

filed a final report dated 30.01.2018 under Section 173 Cr.P.C.

against 29 persons arraying the petitio