Humayun Kabir vs State Rep. By
2022 Latest Caselaw 1121 Mad

                                                                         CRL.O.P.No.25080 of 2021


                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                               DATED : 25.01.2022

                                                      CORAM:

                                  THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR

                                            CRL.O.P.No.25080 of 2021
                                       and Crl.M.P.Nos.13811 & 13815 of 2021

                     1.Humayun Kabir
                     2.Barakka
                     3.Sahid Sulthan
                     4.Salahuddeen
                     5.Jalaludeen
                     6.Sheik Usseth
                     7.Syed Nasar Ahmed                                    ... Petitioners

                                                      Versus

                     1.State rep. by
                       The Sub Inspector of Police,
                       E-1 Police Station,
                       Mylapore,
                       Chennai – 600 004.
                       (C.C.No.3659 of 2015)

                     2.Nazeefuddin Fakhri                                  ...Respondents




                     Page No.1 of 6


https://www.mhc.tn.gov.in/judis
                                                                                    CRL.O.P.No.25080 of 2021


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

                     to call for the records in C.C.No.3659 of 2015 on the file of the XVIII

                     Metropolitan Magistrate Court, Saidapet, Chennai and quash the same.

                                        For Petitioners     : Mr.A.Ajimath Begum

                                        For R1              : Mr.E.Raj Thilak
                                                              Additional Public Prosecutor

                                                            *****

                                                           ORDER

This Criminal Original Petition has been filed to call for the

records in C.C.No.3659 of 2015 on the file of the XVIII Metropolitan

Magistrate Court, Saidapet, Chennai and quash the same.

2.The contention of the petitioners is that the petitioners are being

the Office bearers of the Mosque have been prosecuted. He further

submitted that the defacto complainant had lodged a complaint as against

the petitioner as such, they have trespassed and demolished the

compound wall. The incident of restraining he illegal construction was

https://www.mhc.tn.gov.in/judis CRL.O.P.No.25080 of 2021

happened on 10.07.2013 and after that the petitioners have gone to their

routine work of managing the Mosque. He further submitted that they

have no knowledge of the complaint given by the defacto complainant,

after a lapse of three months from the date of alleged occurrence on

08.10.2013, the defacto complainant has lodged the complaint, which is

nothing but a afterthought in order to harass the petitioners. The case has

been kept pending from the year 2015 and the petitioners are undergone

the ordeal of the pendency of the case.

3.The learned Additional Public Prosecutor submits that the trial

has commenced on 22.11.2021 and three witnesses i.e. LW1, LW5 and

LW6 have been examined as PW1 to PW3. The case is posted for further

examination of witnesses on 14.02.2022. The petitioners are facing trial

for offence under sections 147, 447, 427, 506(i) IPC. Totally there are

only 10 witnesses in this case, already three witnesses have been

examined. The rest of the witnesses are can be examined within four

months, from the normal functioning of the Court.

https://www.mhc.tn.gov.in/judis CRL.O.P.No.25080 of 2021

3.The learned counsel appearing for the petitioners submits that

the petitioners are aged persons, further they are having health ailments.

Hence their personal appearance to be exempted before the lower Court.

4.Considering the submissions and on perusal of materials, this

Court directs the lower court to consider the petition filed by the

petitioners under Section 317 Cr.P.C., or 205 Cr.P.C. after obtaining

affidavit from the petitioners that they shall cooperate with the trial and

shall not be a reason for any delay of the trial, shall not dispute the

evidence recorded in their absence and no cross examination would be

delayed. The petitioners counsel would continue with the trial without

any delay and the petitioners shall not dispute their identity and the

petitioners shall appear before the lower Court on the date of receiving

the copies, charges framing, questioning under Section 313 Cr.P.C. and

during Judgment. Further the petitioners shall appear before the trial

Court as and when the presence of the petitioners are required.

https://www.mhc.tn.gov.in/judis CRL.O.P.No.25080 of 2021

5.Accordingly, this Criminal Original Petition stands dismissed.

Consequently, the connected miscellaneous petitions are closed.

25.01.2022

Index: Yes/No Internet: Yes/No ah

To

1.The learned XVIII Metropolitan Magistrate, Saidapet, Chennai.

2.The Sub Inspector of Police, E-1 Police Station, Mylapore, Chennai – 600 004.

3.The Public Prosecutor, High Court, Madras.

https://www.mhc.tn.gov.in/judis CRL.O.P.No.25080 of 2021

M.NIRMAL KUMAR, J.

ah

CRL.O.P.No.25080 of 2021 and Crl.M.P.Nos.13811 & 13815 of 2021

25.01.2022

https://www.mhc.tn.gov.in/judis