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2019 Supreme(Mad) 1070

N.ANAND VENKATESH
K. K. S. M. Thoulathkhan Baqavi @ Sheik Mohammed – Appellant
Versus
State Rep. by The Inspector of Police, Flower Bazaar Police Station, Chennai – Respondent


Advocates Appeared:
For the Petitioner:A. Rajamohamed, Advocate.
For the Respondent: M. Mohamed Riyaz, Additional Public Prosecutor.

JUDGMENT :

(Prayer: Criminal Original Petition filed under Section 482 of Cr.P.C.:

(a) to call for the records in C.C.No.1555 of 2018 pending on the file of the Metropolitan Magistrate VIII, George Town, Chennai, and quash the same.

(b) and grant such other equitable relief deemed fit and proper in the interest of justice and equity.)

1. This petition has been filed seeking to quash the proceedings pending in C.C.No.1555 of 2018.

2. The FIR was registered against the petitioner for an offence under Section 143 and 188 IPC and Section 174(A) of the Railway Act, 1989. The Inspector of Police, who registered the FIR also conducted the investigation and he has filed the final report before the Court below. The lists of witnesses who have been examined by the investigating officer are all police officers belonging to the same Police Station. Ultimately a final report came to be filed against the petitioner for an offence under Sections 147 and 290 of IPC.

3. The learned counsel for the petitioner submitted that the entire Investigation is vitiated due to the fact that the complainant himself was the investigating officer and the persons who have been examined by the complainant are all police









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