N.Syed Rafeek v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 08.04.2024 CORAM :

THE HON'BLE MR JUSTICE A.A.NAKKIRAN Crl.O.P(MD).No.13845 of 2021 and Crl.M.P(MD).No.7194 of 2021 N.Syed Rafeek ... Petitioner Vs.

1.The Inspector of Police, Kanyakumari Police Station, Kanyakumari District.

Crime No.337 of 2021 2.Maheen Abubacker ... Respondents PRAYER:- Petition filed under Section 482 Cr.P.C., to call for the records and quash the proceedings in Crime No.337 of 2021 on the file of the Inspector of Police, Kanyakumari Police Station, Kanyakumari For Petitioner : Mr. Arun Swaminathan For 1st respondent : Mr. K.Sanjai Gandhi Government Advocate (Crl. side) For 2nd respondent : Mr.A. Mohammed Hashim 1/5

O R D E R

This Criminal Original Petition has been filed to call for the records and quash the proceedings in Crime No.337 of 2021 on the file of the Inspector of Police, Kanyakumari Police Station, Kanyakumari

2. The case of the prosecution is that on 22.06.2021 at about 7.30 am the petitioner herein and other accused persons brake open the Jamath gate and trespassed into the Jamath and abused the defacto complainant with filthy language and also attacked him. Hence, the 2nd respondent has given a complaint and the case was registered in Crime No.337 of 2021 on the file of the first respondent police for the offences under Sections 147, 148, 448, 427, 294(b), 323, 324 and 506(ii) IPC.

3. The learned counsel appearing for the petitioner submitted that the complaint is given by the defacto complainant only with an ulterior motive for threatening the petitioner and further, the respondent police registered the case without any prima facie material about the involvement of the petitioner in this alleged offence. Hence, he prays for 2/5

allowing this petition.

4. The learned Government Advocate (Crl. Side) appearing for the first respondent Police would submit already that there was a dispute with the two groups of Muslim followers with regard to using of burial ground which is back side of Mirasa Andavar Mosque. He would further submit that both the "A" and "B" parties are continuously disturbing the public peace and tranquility. He further contended that major part of the investigation is completed and the final report is yet to be filed.

5. The learned counsel appearing for the 2nd respondent submitted that the petitioner herein brake open the Jamath gate and caused damage to the lock and also attacked the defacto complainant and caused serious injuries and hence, prayed for dismissal of this petition.

6. Considering the fact that the allegations made against the petitioner is serious in nature and that the major part of the investigation is over, this Court is not inclined to allow this petition at this stage. 3/5

7. Accordingly, this Criminal Original Petition is dismissed. Consequently, the connected Miscellaneous Petition is closed. 08.04.2024 Internet : Yes / No Index : Yes / No Speaking / Non Speaking order trp To 1.The Inspector of Police, Kanyakumari Police Station, Kanyakumari District.

Crime No.337 of 2021

2. The Inspector of Police, Kanyakumari Police Station, Kanyakumari

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

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A.A.NAKKIRAN, J.

Trp Crl.O.P(MD).No.13845 of 2021 and Crl.M.P(MD).No.7194 of 2021 08.04.2024 5/5