Syed Jibran v. The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 13.03.2024

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Crl.O.P. No.6184 of 2024 Syed Jibran

...Petitioner

Vs 1.The Inspector of Police, T5, Kundrathur Police Station, Tambaram Division.

2.Rajeshkumar ... Respondents PRAYER : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for the records in Crime No.731 of 2022 on the file of the 1st respondent police, i.e T5, Kundrathur Police station, Tambaram, Chennai. For Petitioner : Mr.G.Saravanakumar For Respondents : Mr.A.Damodaran Additional Public Prosecutor for R1

O R D E R

This criminal original petition has been filed seeking to quash the FIR in Crime No.731 of 2022 pending investigation on the file of the 1st respondent. 1/4

2.The learned Additional Public Prosecutor on instructions submitted that the petitioner has not been arrayed as an accused in this case till now. 3.The learned counsel for the petitioner submitted that even though the petitioner is not arrayed as an accused, attempts are being made to seize the vehicle which is in the custody of the petitioner.

4.In the considered view of this Court, there is no question of quashing the FIR based on this petition, since the petitioner has not even been arrayed as an accused in this case. If the petitioner is in possession of the vehicle and the vehicle is seized by the police in the course of the investigation, it is always left open to the petitioner to seek for return of vehicle by filing an appropriate application before the competent Court.

5.This criminal original petition is disposed of in the above terms. 13.03.2024 Index : Yes/No Speaking order:Yes/No ssr 2/4

To 1.The Inspector of Police, T5, Kundrathur Police Station, Tambaram Division.

2.The Public Prosecutor, High Court, Madras.

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N.ANAND VENKATESH, J ssr Crl.O.P. No.6184 of 2024 13.03.2024 4/4