J.Abbas v. The Insepctor Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRDAS

DATE: 02..11.2016

CORAM:

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Criminal Original Petition No.20047 of 2011 and M.P.No.1 of 2011 J.Abbas ... Petitioner/Accused-5 -Versus1.The Inspector of Police, E-2, Royapettah Police Station, Chennai.

...1st Respondent/ Complainant 2.Thiru.P.Mahalingam, Organizer, All Inida Anna Dravida Munnetra Kazhagam, Head Office, No.226, Royapettah, Chennai 600 014.

...2nd Respondent/Defacto Complainant Prayer: This petition is filed under Section 482 Cr.P.C. praying to call for the records relating to the impugned F.I.R in Crime No.829 of 2011 on the file of the 1st respondent police and to quash the same in so far the Petitioner in Concerned. For Petitioner : Mr.M.Venkatesan For Respondents : Mr.C.Emalias, APP for R1

ORDER

This original petition has been filed seeking to quash the case in Crime No.829 of 2011 on the file of the 1st respondent police.

2. On the complaint lodged by P.Mahalingam, the 1st respondent police have registered a case in Crime No.829 of 2011 on 18.07.2011 for offence under Section 507 of IPC against the person who was using the mobile phone bearing No.00919751693687. The de facto complainant is the Organizing Secretary, All India Anna Dravida Munnetra Kazhagam. According to the allegation in the FIR, an obnoxious call was received in the Office of All India Anna Dravida Munnetra Kahzagam that bombs will be placed wherever the party meetings are held. Based on such information, the 1st respondent police have traced the caller through the Caller ID and ultimately found that it was the petitioner who https://hcservices.ecourts.gov.in/hcservices/

involved in the offence.

3. The learned Additional Public Prosecutor on instructions submitted that investigation has been completed and charge sheet is ready for filing before the jurisdictional court.

4. Since there are sufficient prima facie materials available to proceed with further against the petitioner and also the fact the investigation has been completed and that the charge sheet is ready for filing before the jurisdictional court, this court does not want to quash the FIR exercising its inherent power under section 482 of Cr.P.C.

5. In the result, this criminal original petition is dismissed. Consequently, connected MP is closed. Sd/- Asst.Registrar /true copy/ Sub Asst. Registrar kmk To 1.The Inspector of Police, E-2, Royapettah Police Station, Chennai.

2.The Public Prosecutor High Court Madras +1 cc to Mr.M.Venkatesan Advocate sr 63091 Crl.O.P.No.20047 of 2011 gr(co) aa07/12/2016 https://hcservices.ecourts.gov.in/hcservices/