E. Nizam Mohideen and Others vs State by: Sub Inspector of Police, J-1, Saidapet Police Station

S.T. Ramalingam, J.—The accused in A.P.C. No. 1965/89 (concerning Crl. M.P. No. 7445/89) in A.P.C. No. 1963/89 (concerning Crl. M.P. No. 7448/89) and in A.P.C. No. 1966/89 (concerning Crl. M.P. No. 7451/89) on the file of the IX Metropolitan Magistrate, Saidapet, Madras have filed these petitions to quash these proceedings under the following circumstances;

The Petitioners herein were arrested at 12.00 Noon on 12.3.89 at Saidapet for an offence punishable u/s 75(2) of the Madras City Police Act. The charges have been framed. But before charges were framed, the statements of the witnesses and other records were not furnished to the Petitioners as provided u/s 173, Code of Criminal Procedure. However, the Sub Inspector of Police, who lodged the F.I.R. has filed the charge sheets. Thus, the procedures adopted by the law enforcing agency are irregular. Hence these petitions are allowed and the proceedings in A.P.C. Nos. 1865/89, 1963/89 and 1966/89 pending on the file of the IX Metropolitan Magistrate, Saidapet. Madras are quashed.