ABDUL NAZER MAUDANI Vs. STATE

JUDGEMENT

(1.) This Criminal Original Petition has been filed seeking to quash the proceedings in PRC No. 2 of 2013, pending on the file of the learned Judicial Magistrate No. III, Coimbatore.

(2.) The petitioner has been added as A-6 in the Final Report. The Final Report has been filed as against six accused persons for an offence under Sec. 4(a) and 6 r/w 4(a)(i) of Explosive Substance Act, and Sec. 109 r/w 307 IPC.

(3.) Mr. Shunmugavelayutham, learned Senior counsel appearing on behalf of the petitioner would submit that the entire reading of the Final Report does not make out any offence against this petitioner. The learned Senior counsel would submit that this petitioner was not even shown as an accused in FIR, and his name has been added only based on the materials collected during investigation. The learned Senior counsel would submit that the petitioner has been roped in as an accused only based on the alleged phone call made by the accused from the jail, confession of the co accused and the recovery of the explosive substances.