Madras High Court
P.Saiskumar vs The State Through on 8 March, 2022
Author: G.K.Ilanthiraiyan
Bench: G.K.Ilanthiraiyan
Crl.O.P.(MD)No.14269 of 2020
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 08.03.2022
CORAM:
THE HON'BLE MR.JUSTICE G.K.ILANTHIRAIYAN
Crl.O.P.(MD)No.14269 of 2020
&
Crl.M.P.(MD)No.6637 of 2020
1.P.Saiskumar
2. Manikandan ...Petitioners
Vs.
The State through
The Inspector of Police,
Thiruverumbur Police Station,
Trichy District ... Respondent
Prayer: This Criminal Original Petition filed under Section 482 Cr.P.C.to call
for the records of the impugned F.I.R registered by the respondent police in
Crime No.1984 of 2020, dated 19.06.2020 and to quash the same.
For Petitioners : Mr.S.Siva Ilayaraja
For Respondent : Mr.R.M.Anbunithi
Additional Public Prosecutor (Criminal Side)
https://www.mhc.tn.gov.in/judis
Crl.O.P.(MD)No.14269 of 2020
ORDER
This Criminal Original Petition has been filed to quash the First Information Report in Crime No. 1984 of 2020, on the file of the 1 st Respondent.
2.It is seen that even according to the prosecution, the petitioner had shown the valid permit for the lorry bearing Registration No.TN 40 A 7132, to transport the river sand from Trichy to Namakkal. Even then, the first respondent had registered a case for the offences under Section 379 and 21(4) Mines and Minerals (Development and Regulation) Act, 1957.
2.The learned Additional Public Prosecutor would submit that after completion of investigation, the respondent police also filed a final report before the learned Judicial Magistrate, No.VI, Trichy on 28.09.2020 and it is pending for taking cognizance.
3.While admitting this petition, this court has granted interim stay. Even after that, the first respondent filed a final report mechanically without application of mind. That apart, a perusal of final report would show that whatever the allegations made in the first information report, the same was verbatim reproduced in the final report filed before the learned Judicial https://www.mhc.tn.gov.in/judis Crl.O.P.(MD)No.14269 of 2020 Magistrate. There is no ingredients to attract the offence under Section 379 IPC and also Section 21(4) Mines and Minerals (Development and Regulation) Act, 1957, since the petitioner has valid permit to transport the river sand from Trichy to Namakkal. Therefore, it is a clear abuse of process of law. The first respondent, without application of mind had registered the case only for statistical purpose and filed the final report. The entire proceedings in pursuant to the registration of the offence stands vitiated and hence, the same is liable to be quashed.
4.In view of the above, this Criminal Original Petition is allowed and the entire proceedings in Crime No. 1984 of 2020, on the file of the first respondent is quashed. Consequently, connected miscellaneous petition is closed.
08.03.2022
Index : Yes / No
Internet : Yes/ No
PNM
Note:
In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned. https://www.mhc.tn.gov.in/judis Crl.O.P.(MD)No.14269 of 2020 G.K.ILANTHIRAIYAN,J.
PNM To:
1.The Inspector of Police, Thiruverumbur Police Station, Trichy District.
2. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
ORDER IN Crl.O.P.(MD)No.14269 of 2020 &Crl.M.P.(MD)No.6637 of 2020 08.03.2022 https://www.mhc.tn.gov.in/judis