Madras High CourtCRL OP(MD)/3109/2019dismissed

Thada Raheem v. The Sub Inspector Of Police

2019-02-28Honourable Mr Justice N. Seshasayee2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.02.2019

CORAM

THE HONOURABLE MR. JUSTICE N.SESHASAYEE Crl.O.P.(MD)No.3109 of 2019 and CRL MP(MD)No.1734 of 2019 1.Thada Raheem 2.Sulaiman Sait 3.Mullan Seyathu Ali 4.Jintha 5.Raja Mohammed @ Katta Raja 6.Mohammed Minal Harris 7.Shiek Pathusha 8.Ali Alam Shah 9.Kadhar Bhadsha 10.Abudhahir 11.Shah Navas 12.Soolaiman @ Koli Soolaiman 13.Ilk Ham 14.Kudhupdheen 15.Barpuppu Kathar 16.Inl Abuthahir 17.Ferose Kaja 18.Kaja Nijamohaideen Thambi ... Petitioners/Accused No.1 to 4, 7 and 9 to 21 Vs.

1.The State Through The Sub Inspector of Police, Eruvadi Police Station, Tirunelveli District.

...Respondent No.1/De-jure Complainant

2.A.Alwin

...Respondent No.2/De-facto Complainant

PRAYER: Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure, to call for records connected with the F.I.R. in Crime No.229 of 2018 on the file of the respondent No.1 and quash the same as illegal as against the petitioners. For Petitioners : Mr.R.Alagumani For R1 : Mr.A.P.G.Ohm Chairma Prabhu Government Advocate (Crl.side)

O R D E R

This Criminal Original Petition has been filed seeking to call for records connected with the F.I.R. in Crime No.229 of 2018 on the file of the respondent No.1 and quash the same as illegal as against the petitioners.

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2.Heard Mr.R.Alagumani, learned counsel appearing for the petitioners and Mr.A.P.G.Ohm Chairma Prabhu, learned Government Advocate (Crl.side) appearing for the first respondent. This Court has perused the First Information Report carefully.

3. The First Information Report is registered for the offences under Sections 143, 283 and 505(I)(b) of IPC and the present petitioners are arrayed as the accused Nos. 1 to 4, 7 and 9 to 21. A close reading of the First Information Report discloses commission of offence and also involvement of the accused in the same. Since there are materials available to take up for investigation, this Court is not inclined to quash the First Information Report.

4. Finding no merits, this Criminal Original Petition is dismissed. Consequently, the connected miscellaneous petition is closed.

Sd/- Assistant Registrar (P&A) // True Copy // Sub Assistant Registrar() To 1.The Sub Inspector of Police, Eruvadi Police Station, Tirunelveli District.

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

Crl.O.P.(MD)No.3109 of 2019 and CRL.MP(MD)No.1734 of 2019 28.02.2019 KK/SAR- /03.04.2019/2P/3C https://hcservices.ecourts.gov.in/hcservices/