Mohammed Riyazudeen @ Riyaz v. The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 17. 11.2016 C O R A M THE HONOURABLE Mr.JUSTICE P.N.PRAKASH Crl.O.P.No.18102 of 2016 Mohammed Riyazudeen @ Riyaz @ Sikander

...Petitioner/Accused

Vs.

The State Represented by Inspector of Police F3, Nungambakkam Police Station, Nungambakkam, Chennai-34.

... Respondent/Complainant PRAYER: Criminal Original Petition is filed under Section 482 of Cr.P.C to call for the records with respect to F.I.R in Crime No.1987 of 1992 on the file of the respondent F-3, Nungambakkam Police Station and quash the same.

For Petitioner: Mr.M.L.Ramesh For Respondent: Mr.C. Emalias Addl. Public Prosecutor

O R D E R

This criminal original petition has been filed to call for the records in Crime No.1987 of 1992 on the file of the respondent - F-3, Nungambakkam Police Station and quash the same.

2. Heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the State.

3. Today, Mr.T.Sundaramoorthy, Inspector of Police, F3 Nungambakkam Police Station, Chennai is present.

4. It is the case of the petitioner that he is an accused in F3 Nungambakkam Police Station Crime No.1987 of 1992 for an offence under Section 392 IPC, seeking quashment of which he has filed the present petition.

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5. The petitioner has not enclosed even a photocopy of the FIR in F3 Nungambakkam Police Station Crime No.1987 of 1992.

6. The learned counsel for the petitioner submitted that the petitioner made a copy application before the XIV Metropolitan Magistrate, Egmore, Chennai for getting certified copy of the FIR vide copy application no.2734/2016, but the same has been returned by the Magistrate on the following ground : "This Crime No.1987/1992 is not filed in this Court. Hence this CA is returned on 21.07.2016".

7. The petitioner has enclosed only a typed copy of the remand order dated 13.05.2002. The petitioner has also enclosed a photocopy of the bail order dated 11.07.2002 passed by the XIV Metropolitan Magistrate, Egmore, Chennai in F3 Nungambakkam Police Station Crime No.1987/1992.

8. Learned Additional Public Prosecutor submitted that there is no record in the police station with regard to the Crime No.1987/1992, as it is more than 25 years.

Recording the aforesaid submission of the Additional Public Prosecutor, this petition is closed.

Sd/- Assistant Registrar(CS II) //True Copy// Sub Assistant Registrar mk

1. The Inspector of Police F3, Nungambakkam Police Station, Nungambakkam, Chennai-34.

2. The Public Prosecutor, High Court, Madras.

+1cc to Mr.M.L.Ramesh, Advocate Sr.66765 Crl.O.P.No.18102 of 2016 mg[co] srg 19/12/2016 https://hcservices.ecourts.gov.in/hcservices/