Madras High CourtCRL OP(MD)/11841/2020allowed

Kaja Ismail v. The Inspector Of Police

2020-10-28Honourable Mr Justice G.R.Swaminathan2 pages

Crl.O.P.(MD)No.11841 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.10.2020

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P(MD)No.11841 of 2020 1.Kaja Ismail 2.Syed Abbas 3.Sulthan Kaja 4.Sheik Mydeen 5.Umar Farook 6.Noorul Akbar 7.Asarudeen 8.Proskhan 9.Mohamed Musthak 10.Inzamamul Huq ... Petitioners/Accused No.1 to 10 Vs.

1.The State represented through The Inspector of Police, Melapalayam Police Station, Tirunelveli City.

(Crime No.59 of 2019) ...1st Respondent/Complainant 2.Prem Nazeer ...2nd Respondent/Defacto Complainant PRAYER: Petition filed under Section 482 of Code of Criminal Procedure, to call for the impugned First Information Report in Crime No.59 of 2019 on the file of the respondent No.1 police station and quash the same as illegal.

For Petitioners : Mr.M.Mahendran For Respondents : Mr.M.V.Chandrasekar, Government Advocate (Crl. Side) for R1 Mr.K.Manimaran for R2

ORDER

The petitioners want this Court to quash the impugned First Information Report in Crime No.59 of 2019 registered on the file of the first respondent for the offences under Sections 147, 294(b), 352 and 506(ii) of I.P.C.

2. Prem Nazeer is the defacto complainant. He appeared before this Court through web hearing. He has been duly identified by the first respondent police. The defacto complainant has no objection for quashing the impugned First Information Report. https://hcservices.ecourts.gov.in/hcservices/ 1/4

Crl.O.P.(MD)No.11841 of 2020 Therefore, the impugned First Information Report is quashed. The criminal original petition is allowed.

Sd/- Assistant Registrar (CS-III) // True Copy // / /2020 Sub Assistant Registrar(CS) ias NOTE: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To:- 1.The Inspector of Police, Melapalayam Police Station, Tirunelveli City.

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

Crl.O.P(MD)No.11841 of 2020 28.10.2020 BK(CO) AP(09/11/2020) 2P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/4