Madras High CourtCRL OP(MD)/16529/2021dismissed

Beer Mohamed v. The Inspector Of Police

2021-12-21Honourable Mr Justice G.R.Swaminathan2 pages

Crl.O.P.(MD)No.16529 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :21.12.2021

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P.(MD)No.16529 of 2021 and Crl.M.P.(MD).No.8916 of 2021 1.Beer Mohammed 2.Mohamed Faizul Rahman @ Baijil Rahuman 3.Ferose Ahamed @ Perosh Khan 4.Mohammed Jamaldheen @ Jamal Muhamed 5.Syed Ibrahim alias Sayed ... Petitioners/Accused A1 to A5 Vs.

1.The State rep. by The Inspector of Police, Palani Town Police Station, Palani, Dindigul District-624 601. ...1st Respondent/Complainant 2.Asik Raja ...2nd Respondent/Defacto Complainant Prayer: Criminal Original Petition is filed under Section 482 Cr.P.C., to quash the FIR in Crime No.875 of 2021 registered by first respondent police Palani Town dated on 22.09.2021 and further to call for records of first respondent police in FIR No.875 of 2021.

For Petitioners : Mr.U.Syed Thaga For R1 : Mr.E.Antony Sahaya Prabahar Additional Public Prosecutor For R2 : Mr.D.Venkatesh

ORDER

Heard the learned Counsel on either sides.

2. This Criminal Original Petition has been filed to quash the impugned FIR in Crime No.895 of 2021 registered on the file of Palani Town Police Station, for the offence under Section 147, 148, 294(b), 324 and 506(2) IPC.

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Crl.O.P.(MD)No.16529 of 2021 3.The defacto complainant is one Asik Raja. A mere reading of the complaint shows that allegations have been attributed against each one of the petitioner herein. At the FIR stage, this Court cannot go into the merits of the case.

4.Leaving open the petitioner's contentions and other defences, the Criminal Original Petition is dismissed. Consequently, the connected Miscellaneous Petition is closed. Sd/- Assistant Registrar (W) // True Copy // / /2022 Sub Assistant Registrar(CS) sn 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, Palani Town Police Station, Palani, Dindigul District-624 601.

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

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