Syed Ibrahim v. The Inspector Of Police
Crl.O.P.(MD)No.17548 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 15.11.2021
CORAM:
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P.(MD)No.17548 of 2021 Syed Ibrahim ... Petitioner vs.
1.State represented through The Inspector of Police, South Gate Police Station, Madurai City.
(Crime No.326 of 2021) ... Respondent/Complainant
2. Jaiganesh
3. Thangavel ... Respondents/Accused Nos.1& 2 PRAYER : Criminal Original Petition filed under Section 482 Cr.P.C, to call for the entire records pertaining remand rejection order passed by the learned Judicial Magistrate No.IV in Crime No.326 of 2021 dated 11.08.2021 and set aside the same. For Petitioner : No appearance For Respondents : Mr.T.Senthil Kumar Additional Public Prosecutor for R1
O R D E R
The petitioner challenges the impugned order dated 11.08.2021, passed by the learned Judicial Magistrate No.IV, Madurai, declining to remand the respondents 2 and 3.
2. The petitioner is the complainant in Crime No.326 of 2021. After registration of the FIR, the first respondent police arrested the private respondents herein and produced them before the Judicial Magistrate. The learned Magistrate noted that the facts of the case do not warrant remand. Custodial interrogation was not necessary because the case against the respondents is based on documentary evidence. Every Judicial Magistrate is expected to apply his mind before effecting remand. In the case on hand, the learned Judicial Magistrate had applied his mind and declined to remand the accused. I went through the contents of the impugned order, the learned Judicial Magistrate has applied his mind well. No case has been made out for interference.
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Crl.O.P.(MD)No.17548 of 2021
3. Accordingly, this Criminal Original Petition is dismissed. Sd/- Assistant Registrar (CO) // True Copy // / /2021 Sub Assistant Registrar(CS) csm/mga 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 Judicial Magistrate No.IV, Madurai.
2.The Inspector of Police, South Gate Police Station, Madurai City.
3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
Crl.O.P.(MD)No.17548 of 2021 15.11.2021 GC(26.11.2021) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2