Dismissed

Mohamed Mubarack v. the Insepctor of Police

Madras HC16 Aug 2018CRL OP(MD)/7948/2018

Case brief

AI extract

What is this about?

The Madurai bench of the Madras High Court dismissed a criminal original petition seeking to quash the charge sheet filed by CBI in a murder case. The court found no grounds to entertain the petition despite no representation from petitioners, noting the material indicated conspiracy and forgery to commit murder for property grabbing.

What did the court decide?

The criminal original petition to quash the charge sheet in S.C.No.91 of 2016 was dismissed; the connected miscellaneous petition is closed.

Mohamed Mubarack Vs the Insepctor of Police — Murder and Culpable Homicide | Madras HC (2018)

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED: 16.08.2018

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CORAM :

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THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN

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Crl.O.P.(MD) No.7948 of 2018 and Crl.M.P.(MD) No.3636 of 2018

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1.Mohamed Mubarack

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2.S.Raja Mohammed ... Petitioners

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Vs.

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1.State represented by IOP, SPE-CBI-SCB,

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Chennai,

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Crime No.RC.08 of 2014

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2.Mohammed Mushthafa ... Respondents

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PRAYER: The Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for the records and quash the charge sheet in S.C.No.91 of 2016 pending disposal on the file of the I Additional District and Sessions Court, Madurai.

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For Petitioners : No appearance For R1 : Mr.S.Sivakumar Special Public Prosecutor for Mr.N.Nagendran Special Government Pleader

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For R2 : No appearance

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ORDER

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This petition has been filed to quash the charge sheet in S.C.No.91 of 2016 pending disposal on the file of the I Additional District and Sessions Court, Madurai.

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2.No representation for the petitioners.

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3.The learned Special Public Prosecutor for the first respondent would submit that on the case of murder of one Jamal Mohammed, investigation was entrusted to CBI and on completion of https://hcservices.ecourts.gov.in/hcservices/ the investigation, a final report has been filed against 14

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accused, wherein, the petitioners herein have been arrayed as A11 and A12.

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4.The material collected during investigation indicates the role of the petitioners herein such as criminal conspiracy and forgery of valuable documents. It is the specific allegation against the petitioners in the final report that the petitioners namely, Mohamed Mubarack, and S.Raja Mohammed, have forged the signature of the deceased Jamal Mohammed, who was later murdered.

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5.Jamal Mohammed, was taken to Kodaikanal and murdered and buried. Later the body of the deceased was recovered and DNA test was conducted and on investigation, the investigating agency has found that the accused persons have involved in the murder in order to grab the property.

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6.In the light of the above fact, though there is no representation on behalf of the petitioners, on going through the papers, this Court finds that there is no ground to entertain this criminal original petition to quash the criminal case against the petitioners.

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7.Hence, this criminal original petition is dismissed. Consequently, the connected miscellaneous petition is closed.

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Assistant Registrar (CO) // True Copy //

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Sub Assistant Registrar(CS-I)

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1.The I Additional District and Sessions Judge, Madurai.

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2.The Inspector of Police, SPE-CBI-SCB, Chennai.

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

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Crl.O.P.(MD) No.7948 of 2018

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TR/RP/SAR-I (18.09.2018)2P 4C

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https://hcservices.ecourts.gov.in/hcservices/

Mohamed Mubarack v. the Insepctor of Police

Case brief

What is this about?

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Mohamed Mubarack v. the Insepctor of Police

Case brief

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