Abdul Kareem v. State Rep By Its

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED:29.01.2019

CORAM:

THE HON'BLE MR.JUSTICE N.ANAND VENKATESH Crl.O.P.No.2164 of 2019 and Crl.M.P.Nos.1377 & 1378 of 2019 Mr.Abdul Kareem ... Petitioner/A1 Vs.

State Rep. By The Inspector of Police, Race Course Police Station, Coimbaore.

... Respondent/Complainant Prayer: Criminal Original petition filed under Section 482 of the Criminal Procedure Code, to call for the records in S.T.C.No.3517 of 2016 pending on the file of the learned Judicial Magistrate Court-III, Coimbaore and quash the same. For Petitioner : Mr.I.Abdul Basith For Respondent : Mr.Mohamed Riyaz Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed seeking to quash the proceeding in S.T.C.No.3517 of 2016, pending on the file of the learned Judicial Magistrate Court-III, Coimbaore.

2. The learned counsel for the petitioner apart from raising several other grounds also raised the ground that the complainant and the investigating officer in this case is the same police officer. Therefore, the entire investigation itself is vitiated. In order to substantiate the said submission, the learned counsel for the petitioner relied upon a judgment of the Hon'ble Supreme Court of India in Mohanlal Vs.State of Punjab reported in 2018 SCC online SC, 974. https://hcservices.ecourts.gov.in/hcservices/

3. It is seen from records that the same police officer, who has registered the FIR has also conducted the investigation. This has virtually vitiated the entire investigation. The Hon'ble Supreme Court of India in the judgment referred supra has categorically held that the informant and the investigator cannot be the same person. The facts of the case is squarely covered by the judgment of the Hon'ble Supreme Court.

4. In the result, the proceedings in S.T.C.No.3517 of 2016, pending on the file of the learned Judicial Magistrate Court-III, Coimbaore, is hereby quashed. Accordingly, this Criminal Original Petition is allowed. Consequently, connected miscellaneous petitions are closed.

Sd/- Assistant Registrar(CS-VI) //True copy// Sub Assistant Registrar dss To

1. The Judicial Magistrate No-III, Coimbaore.

2. The Inspector of Police, Race Course Police Station, Coimbaore.

3. The Public Prosecutor, Madras High Court.

+1cc to Mr.I.Abdul Basith, Advocate SR.No.7679 Crl.O.P.No.2164 of 2019 EV(CO) GMY(19/02/2019) https://hcservices.ecourts.gov.in/hcservices/