Syed Saif Hussain vs State Rep. By The Inspector Of ...
2022 Latest Caselaw 10955 Mad

                                                                                  Crl.OP.No.6674 of 2022


                            IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                   DATED: 23.06.2022

                                                       CORAM:

                          THE HONOURABLE MR.JUSTICE N. SATHISH KUMAR

                         Crl.O.P. No.6674 of 2022 & Crl.M.P.Nos.3801 & 3804 of 2022


                Syed Saif Hussain                                             ... Petitioner


                                                          Vs.


                1. State Rep. by The Inspector of Police,
                   J.2 Adyar Police Station [Law & Order]
                   Chennai – 600 002.

                2. Sathyavani                                                 ... Respondents

                PRAYER: Criminal Original Petition filed under Section 482 of Criminal
                Procedure Code, to call for the records and quash the charge sheet in
                C.C.No.1892 of 2020 on the file of the learned IX Metropolitan Magistrate,
                Saidapet, Chennai against the petitioner.


                                  For Petitioner       : Mr.R.Abdul Mubeen

                                  For Respondents      : Mr.A.Gokulakrishnan
                                                         Additional Public Prosecutor – R1




https://www.mhc.tn.gov.in/judis
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                                                                                 Crl.OP.No.6674 of 2022


                                                    ORDER

This Criminal Original Petition has been filed to quash the case in

C.C.No.1892 of 2020 on the file of the learned IX Metropolitan Magistrate,

Saidapet, Chennai for the offences under sections 379 and 411 of IPC.

2. The main contention of the petitioner is that no allegation has been

made against the petitioner and hence, seeks to quash the charge sheet filed

against him.

3. The learned Additional Public Prosecutor appearing for the

respondents submitted that there are prima facie materials against the

petitioner and witnesses have clearly spoken about the role played by the

petitioner in the commission of the offence and hence, prayed to dismiss this

petition.

4. Heard the learned counsel appearing for the petitioner and the

learned Additional Public Prosecutor appearing for the first respondent.

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Crl.OP.No.6674 of 2022

5. On a perusal of the CD file, it is seen that the stolen articles have

been seized from the petitioner. The grounds that have been raised by the

learned counsel for the petitioner is purely factual in nature and the same

requires appreciation of evidence and this Court cannot go into the same by

conducting roving enquiry while exercising its jurisdiction under Section 482

of Cr.P.C. It is left open to the petitioner to raise all his defence before the

trial Court and the Court below shall consider the same on its own merits

and in accordance with law.

6. Accordingly, this Criminal Original Petition is dismissed with a

direction to the Court below to expedite the trial in accordance with the

guidelines given by Hon'ble Supreme Court reported in Vinod Kumar Vs

State of Punjab [2015 (1) MLJ (Crl) 288 SC]. If the petitioner adopts any

dilatory tactics, it is open to the trial Court to insist upon the presence of

the petitioner and remand him to custody as per the judgment of the

Hon'ble Supreme Court in STATE OF UTTAR PRADESH VS. SHAMBHU

NATH SINGH (JT 2001 (4) SC 3191). Consequently, connected

miscellaneous petition is closed.

23.06.2022 vrc https://www.mhc.tn.gov.in/judis

Crl.OP.No.6674 of 2022

To,

1. The Inspector of Police, J.2 Adyar Police Station [Law & Order] Chennai – 600 002.

2. The Public Prosecutor, High Court of Madras.

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

Crl.OP.No.6674 of 2022

N. SATHISH KUMAR, J.

vrc

Crl.O.P. No.6674 of 2022

23.06.2022

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