Amsuraj v. State Rep By The Inspector Of Police

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 05-11-2025

CORAM

THE HONOURABLE MR JUSTICE A.D.JAGADISH CHANDIRA CRL OP No. 30122 of 2025 and CRL MP No. 20573 of 2025 Amsuraj Petitioner(s) Vs

1. State rep by Inspector of Police Vadavalli Police Station, Coimbatore District, Crime No.526 of 2016 2.Wilson Respondent(s) PRAYER Criminal Original Petition filed under section 528 of BNSS to call for the records relating to FIR in Crime No.526/2016 on the file of the 1st respondent and quash the same as against the petitioner. For Petitioner(s):

Mr.R.Radhapandian For Respondent(s):

Mr.R.Vinothraja Government Advocate (Crl.Side) for R1

ORDER

This Criminal Original Petition has been filed to call for the records relating to FIR in Crime No.526 of 2016 on the file of the first respondent and quash the same as against the petitioner.

2/4 2.The learned counsel for the petitioner submitted that it is a case foisted against the petitioner as a ground case for the purpose of detaining the petitioner as a Goonda and the very reading of the FIR would show that it is a foisted case. He further submitted that the petitioner is ready to co-operate for the speedy disposal of the trial.

3.Per contra, the learned Government Advocate (Crl.Side) submitted that the petitioner is charged for heinous offences under Sections 392 & 397 IPC; whether it is a case registered for ground case or not, is a matter for trial; and the petitioner has to disprove the case of the prosecution. He further submitted that the charge sheet is ready to be filed before the learned Magistrate concerned.

4.In view of the submissions made, this Court is of the view that the grounds raised by the petitioner are matters for trial. However, taking into consideration the fact that the FIR is of the year 2016, the respondent police are directed to file the final report within a period of two (2) weeks from the date of receipt of a copy of this order. On such filing of the final report, the learned

3/4 Judicial Magistrate - VI, Coimbatore, shall commit the accused as expeditiously as possible and shall ensure that the trial is completed at the earliest. 5.Accordingly, this criminal original petition stands closed. Consequently, connected miscellaneous petition is also closed. 05-11-2025 Index:Yes/No Speaking/Non-speaking order Internet:Yes sli To 1.The Inspector of Police Vadavalli Police Station, Coimbatore District Cr.No.526 of 2016 2.The Public Prosecutor, High Court, Madras.

4/4 A.D.JAGADISH CHANDIRA J.

sli AND CRL MP NO. 20573 OF 2025 05-11-2025