Madras High CourtCRL OP/31650/2019dismissed as infructuous

Rafi Ahmed v. The Deputy Superintendent Of Police

2023-02-06Honourable Ms Justice R.N.Manjula4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 06.02.2023

CORAM:

THE HONOURABLE Ms. JUSTICE R.N.MANJULA in Crl.M.P. No.17325 of 2019 Rafi Ahmed ... Petitioner Vs.

1. Deputy Superintendent of Police, National Investigation Agency, New Delhi Cochin (Camp at Chennai) (R.C. No.16/2019/NIA/DLI)

2. Government of India represented by its Secretary to Government , Ministry of Home Affairs, CTCR Division, North Block, New Delhi.

... Respondents Criminal Original Petition is filed under Section 482 of Criminal Procedure Code to call for the records of the first respondent relating to the FIR registered by the first respondent in R.C. No.16/2019/NIA/DLI on the file of the respondent, quash the same as against the petitioner abuse of the process of law.

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For Petitioner : Mr.K.S.Gandhi For Respondent-1 : Mr.R.Karthikeyan Special Public Prosecutor

ORDER

This Criminal Original Petition has been filed to call for the records relating to the FIR in R.C. No.16/2019/NIA/DLI on the file of the respondent and quash the same as against the petitioner.

2. The learned Special Public Prosecutor submitted that in this case investigation has been completed and charge sheet has been filed in C.C. No.1 of 2020 on the file of the Sessions Court for Exclusive Trial of Bomb Blast Cases & Special Court under the Prevention of Terrorism Act, 2002 and National Investigation Agency Act, 2008, Poonamallee, Chennai.

3. The learned counsel for the petitioner submitted that when the charge sheet was filed, the petitioner's name has been dropped and hence the matter has become infructous. The learned Special Public Prosecutor has also submitted that so far as the petitioner is concerned, his name has been dropped. As of now, there is no material available as against the petitioner. 2/4

4. Since the charge sheet has been filed without adding the petitioner as an accused, nothing survives for further consideration in this matter.

5. Accordingly, this Criminal Original Petition is dismissed as infructuous. Consequently, connected miscellaneous petition is closed. 06.02.2023 Index : Yes/No bkn To:

1. The Deputy Superintendent of Police, National Investigation Agency, New Delhi Cochin (Camp at Chennai) (R.C. No.16/2019/NIA/DLI)

2. The Secretary to Government , Government of India Ministry of Home Affairs, CTCR Division, North Block, New Delhi.

3. The Public Prosecutor, High Court, Madras.

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R.N.MANJULA, J., bkn Crl.O.P. No.31650 of 2019 06.02.2023 4/4