Petitioners sought quashing of an NIA FIR under Section 482 CrPC. The Additional Solicitor General stated charge sheets were filed against original accused and investigation against petitioners was ongoing. The court declined to entertain the petition as no charge sheet had been filed against them and dismissed it.
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Crl.O.P.No.5656 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 26.09.2024
CORAM
THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM and THE HONOURABLE DR. JUSTICE A .D.MARIA CLETE
Crl.O.P.No.5656 of 2024 and Crl.M.P.No.4115 of 2024
1.A.S.Ismail @ Appamma Ismail
2.M.Mohammed Ali Jinnah
3.Mohammed Yusuf ... Petitioners
Vs.
Union of India, Rep. by the Inspector of Police, National Investigation Agency, Chennai Branch, In R.C.No.42/2022/NIA/DLI, ... Respondent
Prayer :- Criminal Original Petition filed 482 of the Criminal Procedure Code, 1973, to call for the entire records relating to the case in R.C.No.42/2022/NIA/DLI pending on the files of the Respondents and quash the same as against the petitioners.
Crl.O.P.No.5656 of 2024
For Petitioners : M/s.A.Nawfal For Respondent : Mr.AR.L.Sundaresan, Additional Solicitor General of India assisted by Mr.R.Karthikeyan, Standing Counsel for NIA.
O R D E R
(Order of the Court was delivered by S.M.Subramaniam J.)
The Criminal Original Petition has been filed to quash the First Information Report filed by the National Investigation Agency against the petitioners in R.C.No.42/2022/NIA/DLI.
Mr.AR.L.Sundaresan, would submit that in respect of the accused persons originally named in the FIR, charge sheets had been filed on 17.03.2023. As far as the petitioners in the present Crl.O.P. is concerned, investigation is in progress and only in the event of availability of materials, they will be included as accused in the charge sheet otherwise appropriate actions will be taken in the manner known to law.
Crl.O.P.No.5656 of 2024
3.
filed against the petitioners herein and also that the petitioners have not established any cause for the purpose of entertaining the present petition, we are not inclined to entertain the petition.
Consequently, the connected miscellaneous petition is closed.
(S.M.S.J.,) (A.D.M.C.,J.) 26.09.2024
Index : Yes/No Speaking order/Non-Speaking order Neutral Citation : Yes/No (sha)
To
1.Union of India, Rep. by the Inspector of Police, National Investigation Agency, Chennai Branch,
Crl.O.P.No.5656 of 2024
S.M.SUBRAMANIAM, J. and A.D.MARIA CLETE, J.
(sha)
Crl.O.P.No.5656 of 2024
26.09.2024
1 issue framed by the court
Whether the FIR in R.C.No.42/2022/NIA/DLI could be quashed against the petitioners while investigation was still pending and no charge sheet filed against them.
1 provisions across 1 enactments
A.S.Ismail @ Appamma Ismail
M.Mohammed Ali Jinnah
Mohammed Yusuf
Union of India, Rep. by the Inspector of Police, National Investigation Agency, Chennai Branch
S.M.Subramaniam
A.D.Maria Clete
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
