Madras High CourtCRL OP(MD)/3335/2019dismissed

Hasan Fahad v. The Inspector Of Police

2019-03-05Honourable Mr Justice N. Seshasayee2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05.03.2019

CORAM:

THE HONOURABLE MR.JUSTICE N.SESHASAYEE Crl.O.P.[MD]No.3335 of 2019 and CRL.M.P.(MD)No.1882 of 2019 Hasan Fahad : Petitioner Vs.

1.The Inspector of Police, South Gate Police Station, Madurai City.

(Cr.No.395 of 2018) 2.A.Khather Ibrahim : Respondents PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C., to call for the records pertaining to the Cr.No.395 of 2018 on the file of the first respondent herein and quash the same insofar as the petitioner / Accused No.1 is concerned. For Petitioner : Mr.M.Shakul Hameed For R-1 : Mr.A.P.G.Ohm Chairma Prabhu Government Advocate (Crl.Side) ***

ORDER

The Criminal Original Petition has been filed to quash the proceedings of First Information Report in Cr.No.43 of 2018, dated 25.01.2018 on the file of the first respondent police for the alleged offences punishable under Sections 143, 341 and 188 of IPC. 2.The essence of the allegations made in the FIR is that the six named accused with others have entered the house of the de-facto complainant beating him and others in the family pursuant to an earlier incident between the parties.

3.The learned Government Advocate submitted that specific overtact has been attributed between the petitioner and the accused both in the occurrence as well as the in the incident that has provided motive for the crime. He added that the matter is in earlier stage of investigation.

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4.This Court carefully went through the FIR and finds that the petitioner has been named and the specific specific overtact has been attributed against him and this Court does not, for the presents, finds any merits in entertaining this petition and the same is dismissed. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar /True Copy/ Sub Assistant Registrar(CS ) To 1.The Inspector of Police, South Gate Police Station, Madurai City.

2.The Government Advocate (Crl.Side), Madurai Bench of Madras High Court, Madurai.

Crl.O.P.[MD]No.3335 of 2019 05.03.2019 cmr SP/PK/04.04.2019 : 2P/3C https://hcservices.ecourts.gov.in/hcservices/