Madras High CourtCRL OP(MD)/11034/2015dismissed

Niyaz Ahamed v. The Inspector Of Police

2018-10-22Honourable Mr Justice G.K. Ilanthiraiyan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.10.2018

CORAM:

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.[MD].No.11034 of 2015 and M.P.(MD).No.1 of 2015 Niyaz Ahamed : Petitioner Vs.

1.The State Represented by The Inspector of Police, Thiruppananthal Police Station, Thanjavur District.

(Crime No.152 of 2014) 2.Balamurugan : Respondents PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C. to call for the records pertaining to the FIR in Crime No.152 of 2014, on the file of the first respondent herein and quash the same.

For Petitioner : Mr.K.M.Karunakaran For R-1 : Mr.A.P.G.Ohm Chairma Prabhu Government Advocate (Crl. Side) For R-2 : Mr.A.Ganesan Senior Central Govt. Standing counsel

ORDER

The Criminal Original Petition has been filed seeking to quash the investigation in Crime No.152 of 2014, on the file of the first respondent police.

2. The case of the prosecution is that the petitioner has applied for a fresh passport and during the time of checking the documents, it was observed that he has submitted a fake birth certificate. Hence, the complaint.

3. Heard the learned counsel appearing on either side.

4. The learned Government Advocate (criminal side) would submit that the investigation is going on and only because of, the pendency of the petition, they could not file a final report.

5. This Court is of the view that the grounds raised in the petition have to be gone into in a full fledged investigation. Hence, this criminal original petition is liable to be dismissed. https://hcservices.ecourts.gov.in/hcservices/

6. Accordingly, this Criminal Original Petition is dismissed. However, considering the year of the case, the first respondent is directed to file a final report within a period of six weeks from the date of receipt of a copy of this order. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(WRITS) /True Copy/ Sub Assistant Registrar(CS-IV) To 1.The Inspector of Police, Thiruppananthal Police Station, Thanjavur District.

2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

• 1 CC TO Mr.K.M.KARUNAKARAN , ADVOCATE IN SR No. 91165. SJI DS RP SAR4 24 12 2018 2P 4C Crl.O.P.[MD].No.11034 of 2015 and M.P.(MD).No.1 of 2015 22.10.2018 https://hcservices.ecourts.gov.in/hcservices/