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Madras High CourtCRL OP/20382/2024disposed of

Paisal@Mohammed Faisal v. The State Rep By Its,

2024-08-22Honourable Dr Justice G. Jayachandran4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.08.2024

CORAM

THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN Crl.OP.No.20382 of 2024 and Crl.MP.No.11776 of 2024

1. Paisal @ Mohammed Faisal

2. Thowfic @ Mohammed Tawfiq

3. Asathulla @ Mohammed Asadullah

4. Parkathulla @ Mohammd Barkathullah

5. Salman @ Mohamed Salman

6. Sibakathulla @ Mohammed Sibakathullah ... Petitioners Vs.

1. State rep by its The Inspector of Police Ulundurpet Police Station, Kallakurichi District.

2.Julbikarali Bootto ... Respondents Prayer: Criminal Original Petition is filed under Section 528 of BNSS Act, 2023 to call for the records relating to the case registered in Cr.No.72 of 2024 dated 24.01.2024 on the file of the 1st respondent police and quash the FIR the same.

For Petitioners : Mr.D.Dayalan For Respondents : Mr.S.Udayakumar for R1 Government Advocate (Crl.Side) 1/4

O R D E R

This Criminal Original Petition is filed to quash the FIR in Cr.No.72 of 2024 registered on 24.01.2024 on the ground that the case and case in counter while the second respondent is the aggressor, the police has wrongly registered the FIR against these petitioners and five others.

2. The learned counsel appearing for the petitioner circulated the copy of the FIR in Cr.No.73 of 2024 registered on the complaint given by the third petitioner herein as against the second respondent and four others.

3. Since two FIRs' been registered, the first respondent is bound to follow the Police Standing Order 566 and proceed with the investigation. It is suffice to direct the first respondent to follow the procedure contemplated under Police Standing Order 566 and the directions given by the Hon'ble Full Bench of this Court in Balaji Vs. State of Tamilnadu and take appropriate action.

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4. With the above direction, this Criminal Original Petition is disposed of. Consequently, the connected miscellaneous petition is closed.

22.08.2024 Vv To

1. The Inspector of Police Ulundurpet Police Station, Kallakurichi District.

2. The Public Prosecutor, High Court of Madras.

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Dr.G.JAYACHANDRAN,J.

Vv Crl.OP.No.20382 of 2024 22.08.2024 4/4