Madras High CourtCRL OP(MD)/798/2017disposed of

Ahamed Khan v. The Inspector Of Police,

2019-09-03Honourable Mr Justice N. Anand Venkatesh3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 03.09.2019

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Crl.O.P(MD)No.798 of 2017 and Crl.M.P(MD)No.695 of 2017 1.Ahamed Khan 2.Samsudeen 3.Sikkanthar Sha 4.Kamarudeen 5.Rahman Ali 6.Mohamed yasin 7.Mohamed Imthiyas 8.Sameenulla 9.Jahir Ali 10.Sadhakathulla Khan 11.Rimos Khan 12.Abdul Hameed 13.Arshath 14.Basheer 15.Lukman 16.Sadik 17.Ajmal

18. Nasrudeen 19.Mohamed Rilvi .. Petitioners/Accused Nos.1 to 19 Vs.

1.The State represented by, The Inspector of Police, Devipattinam Police Station, Ramanathapuram District.

..1st Respondent/ Complainant [Crime No.467 of 2016] 2.Thowbik .. 2nd Respondent/ Defacto Complainant 3.

PRAYER:- Petition filed under Section 482 of Criminal Procedure Code, to call for the records of the impugned FIR in Crime No.467 of 2016 on the file of the respondent police, Devipattinam Police Station, Ramanathapuram District and to quash the same as against the petitioners.

For Petitioners : Mr.R.Murugan For Respondents : Mr.M.Chandrasekaran Additional Public Prosecutor For R1 For R2-No appearance

ORDER

This Criminal Original Petition has been filed to quash the FIR in Crime No.467 of 2016.

2. The learned Additional Public Prosecutor on instructions would submit that the investigation has been completed and the final report will be filed within a week by the first respondent police before the concerned Jurisdictional Magistrate Court.

3. The learned counsel for the petitioners submitted that the FIR was registered in the year 2016 and even as per the allegations made in the FIR, no offence has been made out against the petitioners. The learned counsel further submitted that the case has been kept pending for a long time by the respondent police by stating that the investigation has been completed.

4. Taking into consideration the facts and circumstances of the case and also the submissions made by the learned Additional Public Prosecutor, this Court is not inclined to interfere with the FIR at this stage. The first respondent police is directed to file the final report within a period of two weeks from today before the concerned Jurisdictional Magistrate Court, i.e., Judicial Magistrate No.I, Ramanathapuram. Immediately on the filing of the final report, the learned Judicial Magistrate No.I, Ramanathapuram, shall take a decision regarding taking cognizance of the same.

5. Liberty is granted to the petitioners to challenge the final report, if so advised.

6.This Criminal Original Petition is disposed of accordingly. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar (C.O) // True Copy // Sub Assistant Registrar(CS )

1. The Inspector of Police, Devipattinam Police Station, Ramanathapuram District.

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

Copy to:

The Judicial Magistrate No.I, Ramanathapuram.

+1 CC to Mr.R. MURUGAN, Advocate SR-84933.

03.09.2019 CS(09.09.2019) 3P 5C