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This is an archive article published on September 30, 2022

Madras HC quashes FIRs against ex-AIADMK minister

The impugned FIRs are nothing but a clear abuse of process of law. Hence, they cannot be sustained against the petitioners and they are liable to be quashed, Justice G K Ilanthiraiyan said and accordingly set them aside.

Madras HCThe first bench comprising Chief Justice S V Gangapurwala and Justice P D Audikesavalu gave the ruling while partly allowing an appeal and a petition from Justice Basheer Ahmed Syed College for Women (Autonomous) in the city, assailing a November 2021 order, rejecting the extension of religious minority status to the college.

The Madras High Court on Friday set aside the FIRs registered against former AIADMK minister D Jayakumar and two of his close relatives in connection with an alleged land grab issue.

The court was allowing three criminal original petitions from Jayakumar, his daughter N Jayapriya and son-in-law Naveen Kumar to quash the FIR pending before the Inspector, Central Crime Branch (CCB) in Vepery for various offences of the IPC, including criminal conspiracy and intimidation.

The impugned FIRs are nothing but a clear abuse of process of law. Hence, they cannot be sustained against the petitioners and they are liable to be quashed, Justice G K Ilanthiraiyan said and accordingly set them aside.

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The charge against the three was that they had grabbed land measuring little over eight grounds in Thoraipakkam, owned by P Magesh, brother of Naveen Kumar.

Conceding the arguments of senior advocates A Natarajan and V Karthick, the judge held the case is a civil dispute in existence between the former minister and the complainant.

The complaint has been lodged by Magesh and it is nothing but a clear abuse of process of law, the judge said.

It is clear that all the allegations made in the FIR are vague and bald in nature. There is no explanation for lodging a belated complaint, that too after six years from the date of alleged occurrence in 2016.

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“Therefore, the impugned FIR(s) is/are nothing but a clear abuse of process of law. Hence, the impugned FIR(s) cannot be sustained as against the petitioners and liable to be quashed,” the judge said and set them aside.

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