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Madras High CourtCRL OP/18103/2016closed

Mohammed Riyazudeen @ Riyaz v. The Inspector Of Police

2016-08-11Honourable Mr Justice P. N. Prakash5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 11.08.2016

CORAM

THE HONOURABLE Mr.JUSTICE P.N.PRAKASH CRL.OP.No.18103 of 2016 Mohammed Riyazuddin @ Riyaz @ Sikender ... Petitioner Vs State rep.by 1.The Inspector of Police, K-6, T.P.Chatram Police Station, Chennai.

2.The Inspector of Police, F-3, Nungambakkam Police Station, Nungambakkam, Chennai-34.

... Respondents Criminal Original Petition filed under Section 482 of Cr.P.C., praying to call for the records with respect to FIR in Crime No.817 of 1992 on the file of the 1st respondent and to quash the same.

For Petitioner : Mr.M.L.Ramesh For Respondents : Mr.C.Emalias, APP

O R D E R

This petition has been filed to quash the FIR in Crime No.817 of 1992 on the file of the 1st respondent.

2. Heard the learned counsel for the petitioner; learned Additional Public Prosecutor appearing for the respondents and perused the materials placed on record.

3. Today, Mr.S.A.Syed Jamal, Inspector of Police [Crime], K-6, T.P.Chathram Police Station, Chennai is present. He produced the FIR Index of the Police Station, which shows that Crime No.817 of 1992 has been closed as undetected as early as on 13.11.1995. The FIR Index also shows the name of Mohamed Riyaz, S/o.Safudeen, M.L.Road, Nalgonda, Andhra Pradesh.

4. On instructions, learned Additional Public Prosecutor submitted that it is the case of the petitioner that he was arrested by the respondent Police in Crime No.817 of 1992 for an offence under Section 392 IPC and was remanded to custody on 09.07.1999 and he was released on bail by the learned Principal District and Sessions Judge, Chennai on 28.09.2001 in Crl.M.P.No.10793 of 2001 on certain conditions.

5. According to the petitioner, he is on bail, since then and no

charge sheet has been filed against him. He also submits that he does not know the fate of the case in Crime No.817 of 1992, as to whether the same has been closed or charge sheet filed against him. It is the grievance of the petitioner that since he does not know the fate of the case, he is not able to get any public employment or even apply for Passport.

6. Learned Additional Public Prosecutor produced the FIR Index of a case in T.P.Chatram Police Station, which shows that on the complaint given by one Duraikannan, a case in T.P.Chatram Crime No.817 of 1992 was registered on 25.10.1992 for an offence under Section 392 IPC and that, it was closed as undetected on 13.11.1995.

7. Based on the report of the finger print expert, this petitioner seems to have been arrested and remanded to custody on 09.07.1999. From the FIR Index produced by the Police, it is also seen that this petitioner is involved in a case investigaged by the Inspector of Police, CCS Team-III, Detective Branch, Hyderabad.

8. Learned Additional Public Prosecutor submitted that the Police will conduct further enquiry and if Crime No.817 of 1992 has been closed, they will issue a certificate to that effect to the petitioner.

9. Recording the same, the petitioner is directed to go in-person

before the Inspector of Police, K-6, T.P.Chathram Police Station [Crime], who is directed to conduct enquiry and if the case has been closed, issue necessary certificate to the petitioner.

With the above direction, this petition is closed. 11.08.2016 gya To 1.The Inspector of Police, K-6, T.P.Chatram Police Station, Chennai.

2.The Inspector of Police, F-3, Nungambakkam Police Station, Nungambakkam Chennai-34.

3.The Public Prosecutor, High Court, Madras.

P.N.PRAKASH, J.

gya CRL.OP.No.18103 of 2016 11.08.2016