Disposed

Asir Rajasingh v. The Inspector of Police

Madras HC24 Sept 2024CRL OP(MD)/14390/2024

Case brief

AI extract

What is this about?

Petition to quash an FIR over possession of three idols registered under Cr.P.C. Sections 41(1)(d) and 102. The prosecution produced an Archaeological Survey certificate confirming the idols are antique; the petitioner agreed to appear for enquiry. The court disposed of the petition by fixing his appearance date and directing completion of investigation.

What the court decided

AI extract

Asir Rajasingh Vs The Inspector of Police — Quashing and FIR | Madras HC (2024)

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Crl.O.P.(MD)No.14390 of 2024

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED: 24.09.2024

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CORAM

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THE HON'BLE MR.JUSTICE K.MURALI SHANKAR

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Crl.O.P.(MD)No.14390 of 2024 and Crl.M.P.(MD)No.8951 of 2024

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Asir Rajasingh ... Petitioner

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Vs.

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1.The Inspector of Police, Pudukottai Police Station, Thoothukudi District. (Cr.No.71 of 2010)

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2.The Inspector of Police, Idol Wing, Tirunelveli ... Respondents

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PRAYER : Criminal Original Petition filed under Section 528 of BNSS, to call for the records pertaining to FIR in Cr.No.71 of 2010 on the file of the first respondent police and quash the same as illegal.

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For Petitioner : Mr.T.A.Ebenezer

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For Respondents : Mr.E.Antony Sahaya Prabahar, Additional Public Prosecutor.

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

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Crl.O.P.(MD)No.14390 of 2024

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ORDER

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This criminal original petition has been filed seeking orders to quash the first information report in Cr.No.71 of 2010 pending on the file of the first respondent Police.

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2.The case of the prosecution is that the petitioner and other accused were found in possession of three idols and hence, a case in Cr.No.71 of 2010 came to be registered under Sections 41(1)(d) and 102 Cr.P.C.

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3.The learned counsel appearing for the petitioner would submit that the respondents have only obtained a certificate from the Curator, Government Museum, Tirunelveli District and as per the Antiquities and Art Treasures Act, 1972, the Director, Archeological Survey of India is the competent authority to decide the antiquity of the idol.

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4.At this juncture, the learned Additional Public Prosecutor appearing for the respondents would submit that the respondents have obtained necessary certificate from the Director, Archeological Survey of India to show that the idols in dispute are antique in nature. He would further submit that the respondents have issued summons to the

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

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Crl.O.P.(MD)No.14390 of 2024

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petitioner, but, he has not appeared for the enquiry.

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5.The learned counsel appearing for the petitioner would submit that the petitioner is aged about 74 years and he is ready to appear before the second respondent on receipt of written summons.

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6.The learned Additional Public Prosecutor would submit that a date may be fixed by this Court for the appearance of the petitioner.

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7.Recording the submissions made on either side, the petitioner is directed to appear before the second respondent on 05.10.2024 at about 10.00 am., and the second respondent is directed to complete the investigation and file the final report, within a period of one week, thereafter. Accordingly, this criminal original petition is disposed of. Consequently, connected miscellaneous petition is closed.

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24.09.2024

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NCC : Yes / No Index : Yes / No Internet : Yes / No gns

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

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Crl.O.P.(MD)No.14390 of 2024

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K.MURALI SHANKAR,J.

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gns

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1.The Inspector of Police, Pudukottai Police Station, Thoothukudi District.

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2.The Inspector of Police, Idol Wing, Tirunelveli.

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4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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Crl.O.P.(MD)No.14390 of 2024

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24.09.2024

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4/4 https://www.mhc.tn.gov.in/judis

Asir Rajasingh v. The Inspector of Police

Case brief

What is this about?

What the court decided

Asir Rajasingh v. The Inspector of Police

Case brief

What is this about?

What the court decided

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