Zaheer Hussain vs The Sub-Inspector Of Police on 9 February, 2015

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Madras High Court

Zaheer Hussain vs The Sub-Inspector Of Police on 9 February, 2015

Bench: C.T.Selvam

       

  

   

 
 
 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED : 09.02.2015

CORAM

THE HONOURABLE MR.JUSTICE C.T.SELVAM

CRL.O.P(MD)No.1285 of 2015
and
M.P(MD)No.1 of 2015

							
1.Zaheer Hussain

2.Anwar Batcha					   ...Petitioners
					.vs.

1.The Sub-Inspector of Police,
  Sivakasi Town Police Station,
  Sivakasi,
  Virudhunagar District.

2.Gulab John			 		   ..Respondents


PRAYER: Criminal Original Petition filed under Section 482 of Criminal
Procedure Code praying this Court to call for the records pertaining to the
impugned charge-sheet in S.T.C.No.1653 of 2013 on the file of the learned
Judicial Magistrate, Sivakasi and to quash the same in the circumstances and
nature.

For Petitioners    : Mr.V.ADhana Aravinda Balaji
			 for M/s.Dhana Law Associates

For Respondent-1   : Mr.C.Ramesh
			  Addl.Public Prosecutor

:ORDER

This Criminal Original Petition has been filed under Section 482 of Cr.P.C. praying this Court to call for the records pertaining to the impugned charge-sheet in S.T.C.No.1653 of 2013 on the file of the learned Judicial Magistrate, Sivakasi and to quash the same.

2.Heard the learned counsel for Petitioners as well as learned Additional Public Prosecutor appearing for first respondent and perused the records.

3.A perusal of the records shows that a case has been registered against Petitioners in Cr.No.192 of 2013 on 4.3.2013 and for offences under Sections 323 and 427 IPC. The charge-sheet informing commission of such offences has been filed on 9.3.2013.

4.The short ground canvassed by learned counsel for the Petitioners that calls for the immediate acceptance is that both offences alleged against Petitioners are non-cognizable and hence the Investigating Agency has fallen into error in entering upon investigation in the case.

5.In view of the above, the Criminal Original Petition is allowed and charge-sheet in S.T.C.No.1653 of 2013 on the file of the learned Judicial Magistrate, Sivakasi stands quashed. Consequently, connected Miscellaneous Petition is closed.

09.02.2015 Index : Yes/No Internet : Yes/No vsn To

1.The Judicial Magistrate, Sivakasi.

2.The Sub-Inspector of Police, Sivakasi Town Police Station, Sivakasi, Virudhunagar District.

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

C.T.SELVAM, J vsn CRL.O.P(MD)No.1285 of 2015 09.02.2015

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