J.Mohammed Yusuf v. State Represented By
Crl.O.P. No.15519 of 2020 and Crl.M.P.No. 5919 of 2020 G.K.ILANTHIRAIYAN,J.
'Through Video conferencing'
Today, this matter is listed under the caption 'for being mentioned' at the instance of the learned counsel for the petitioner, stating that in the order dated 01.10.2020, the submission made with regard to the availability of the relevant materials to disprove the case of the prosecution has not been incorporated. 2.Heard both sides.
3. Considering the submissions of the learned Counsel for the petitioner, the paragraphs 2 and 7 of the order dated 01.10.2020, are substituted with the following"
"2. The learned counsel appearing for the petitioner would submit that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. Without any base, the first respondent police registered a case in Crime No. 17 of 2019 for the offences under Sections 12(1)(b) and Section 12(2) of the Passport Act r/w.Sections 420 and 471 of IPC, as against the 1/4
petitioner. Further the learned counsel for the petitioner submitted that the petitioner has no role in the crime committed by the other accused persons. To that extent the petitioner is having material to disprove the case of the prosecution. Hence, he prayed to quash the same. ***** ***** ***** *****
7. In view of the above discussion, this Court is not inclined to quash the First Information Report. Accordingly this Criminal Original Petition stands dismissed. However, the petitioner is at liberty to produce the materials before the respondent police and on receipt of the same, the respondent police is directed to consider the materials and complete the investigation in Crime No. 17 of 2019 and file a final report within a period of 12 weeks from the date of receipt of copy of this order before the jurisdictional Magistrate, if not already filed. Consequently connected miscellaneous petition is closed ".
4. Registry is directed to incorporate the above in the order dated 01.10.2020 and issue fresh order copy to the parties concerned. 2/4
23.11.2020 aav 3/4
G.K.ILANTHIRAIYAN,J.
aav Crl.O.P. No.15519 of 2020 and Crl.M.P.No. 5919 of 2020 23.11.2020 4/4