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Madras High CourtCRL OP/760/2019allowed

Sayed Ibrahim @ Vellore Ibrahim v. State Rep By Its

2019-01-30Honourable Mr Justice N. Anand Venkatesh2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 30.01.2019

CORAM

THE HONOURABLE MR. JUSTICE N.ANAND VENKATESH Crl.O.P.No.760 of 2019 and Crl.M.P.No.500 of 2019 Sayed Ibrahim @ Vellore Ibrahim ... Petitioner Vs.

State rep by its The Inspector of Police E5 Shozhavaram Police Station, Sozhavaram.

Tiruvallur.

(Cr.No.669 of 2014) ... Respondent PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C to call for the records relating to the case in Cr.No.669 of 2014 on the file of the respondent herein and quash the same as illegal.

For Petitioner : Mr.I.Abdul Basith For Respondent : Mr.M.Mohamed Riyaz Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed seeking to quash the FIR in Crime No.669 of 2014, pending on the file of the respondent police.

2. The respondent police have registered an FIR against the petitioner under Section 151 of Cr.P.C r/w Section 7(1)(a) of Criminal Amendment Act.

3. The FIR was registered in the year 2014 and till date, no final report has been filed. The allegation in the FIR is that the petitioner attempted to form a group and cause unrest in the locality and disrupt the traffic. The only offence for which the FIR was registered was under Section 7(1)(a) of Criminal Amendment Act. As per the said provision, the same is punishable for a period https://hcservices.ecourts.gov.in/hcservices/

of six months. Admittedly, no final report has been filed till date.

4. In the view of the passage of time and in view of the fact that even if the final report is filed, the same will be barred under Section 468 of Cr.P.C., no useful purpose will be served by keeping this FIR pending. In the result, the FIR in Crime No.669 of 2014 on the file of the respondent police, is hereby quashed. Accordingly, this Criminal Original Petition is allowed. Consequently, connected miscellaneous petition is closed.

Sd/-/- Assistant Registrar(CS) //True Copy// Sub Assistant Registrar kal/msrm To

1. The Inspector of Police E5 Shozhavaram Police Station, Sozhavaram.

Tiruvallur.

(Cr.No.669 of 2014)

2. The Public Prosecutor High Court of Madras, Madras.

+1cc to Mr.I.Abdul Basith , Advocate SR.No. 7672 Crl.O.P.No.760 of 2019 and Crl.M.P.No.500 of 2019 A.SK(20/02/2019) https://hcservices.ecourts.gov.in/hcservices/