Roshan @ Muroshan v. State, Rep. By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated: 22.12.2023 Coram:

THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN Crl.O.P.No.28296 of 2023 & Crl.M.P.Nos.19638 & 19639 of 2023 Roshan @ Muroshan.

... Petitioner/Accused /versus/

1. State, Rep. By Inspector of Police, Law and Order, T-1, Ambattur Police Station, Ambattur, Chennai - 53.

... Respondent/Complainant

2. A.P.Vijaybari.

... Respondent/defacto Complainant Prayer: Criminal Original Petition is filed under Section 482 of Cr.P.C., pleased to call for the records pertaining to the proceedings in C.C.No.169 of 2023 on the file of Learned Judicial Magistrate, Ambattur for the alleged offences punishable under Sections 324, 341, 448, 506 Part II read with Section 34 of I.P.C. For Petitioner : Mr.K.N.Nataraaj For R1 : Mr.Leonard Arul Joseph Selvam.

Government Advocate (Crl.Side) Page No.1/4

O R D E R

This Criminal Original Petition is filed to call for the records pertaining to the proceedings in C.C.No.169 of 2023 on the file of Learned Judicial Magistrate, Ambattur for the alleged offences punishable under Sections 324, 341, 448, 506 Part II read with Section 34 of I.P.C.

2. The petitioner herein is a named accused in the F.I.R for the offence under Sections 341 and 324 of I.P.C. Later, on investigation, the Police has filed final report for the offences under Sections 341, 324, 448, 506(2) r/w 34 of I.P.C. Claiming that, the petitioner is an Advocate, the Learned Counsel for the petitioner seeks interference of this Court, to quash the case exercising its power under Section 482 of Cr.P.C.

3. The material collected in the course of investigation including the C.C.T.V footage, incriminates the petitioner herein. Being an Advocate is not the qualification to commit crime and get the case quashed. Hence, it is liable to be dismissed.

Page No.2/4

4. Accordingly, this Criminal Original Petition is dismissed. Consequently, connected Miscellaneous Petitions are closed. 22.12.2023 Index :Yes/No.

Internet :Yes/No.

Speaking Order/Non-Speaking Order bsm Copy to:-

1. The Inspector of Police, Law and Order, T-1, Ambattur Police Station, Ambattur, Chennai - 53.

2. The Public Prosecutor, High Court, Madras. Page No.3/4

DR.G.JAYACHANDRAN, J.

bsm Crl.O.P.No.28296 of 2023 & Crl.M.P.No.19638 & 19639 of 2023 22.12.2023 Page No.4/4