Madras High Court
Karuppusamy vs The State Through
Author: R.Tharani
Bench: R.Tharani
Crl.O.P.(MD)No.132 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
Reserved on : 23.03.2023
Delivered on : 01.06.2023
CORAM:
THE HONOURABLE MRS.JUSTICE R.THARANI
Crl.O.P.(MD) No.132 of 2021
Karuppusamy ... Petitioner / Sole Accused
Vs.
1.The State through
The Inspector of Police,
Kallimandayam Police Station,
Dindigul.
(Crime No.835/2020) ... 1st respondent / Complainant
2.V.Maarks ... 2nd respondent /defacto Complainant
PRAYER: Criminal Original Petition is filed under Section 482 of
Cr.P.C, to call for the records pertaining to the First Information Report
in Crime No.835 of 2020, on the file of the first respondent, quash the
same in sofar as the petitioner is concerned.
For Petitioner : Mr.Niranjan S.Kumar
For Respondents : Mrs.M.Aasha
Government Advocate (crl.side) for R1
: No appearance for R2
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Crl.O.P.(MD)No.132 of 2021
ORDER
This petition is filed to quash the First Information Report in Crime No.835 of 2020, on the file of the first respondent police.
2. The case against the petitioner is that on 13.10.2020, when the Assistant Geologist - Mehaboopkhan was on patrol duty, along with his driver, by name, Kaviyarasan, they found a Tractor bearing Registration No.TN-76-M-5367 transporting 1.5 Units laterite soil illegally, without getting permission. A case in Crime No.835 of 2020 was registered under Section 379 of I.P.C and Section 21(1) of Mines and Minerals (Development and Regulation) Act.
3. The case of the petitioner is that the petitioner is an Agriculturist, he was transporting laterite soil for agricultural purpose within his patta land in Survey No.662, situated at Ammapatti. He was not transporting through road. A false case was registered against the petitioner. The second respondent inspected the patta land and seized the vehicle from the patta land in Survey No.662. The vehicle was not seized on the road from Ammapatti to Kariyapatti. The provision of Section 2/6 https://www.mhc.tn.gov.in/judis Crl.O.P.(MD)No.132 of 2021 379 of I.P.C is not made out. There was no intension to move any property out of the possession of any person, without that persons concerned. The sand was excavated from the own land of the petitioner and it was used for levelling his own land by using his own vehicle. The case under Section 379 of I.P.C and Section 21(1) of Mines and Minerals (Development and Regulation) Act is not made out, only a private complaint can be lodged.
4. On the side of the prosecution, it is stated that under the Mines and Minerals (Development and Regulation) Act, the respondent can suo-motu file a private complaint before the Special Court, it does not meant that the first respondent cannot file an F.I.R.
5. On the side of the petitioner, it is stated that the sand was not transported and that the sand was taken from the land of the petitioner and the same was used within the land for levelling the agricultural land. Copy of the patta was filed. It is stated that the vehicle belonged to the petitioner himself. Copy of the Insurance Policy was filed. The place of occurrence was not clearly mentioned in the complaint and in the F.I.R. The defacto complainant failed to describe 3/6 https://www.mhc.tn.gov.in/judis Crl.O.P.(MD)No.132 of 2021 the place of occurrence properly. Whether the vehicle was seized on road or within the patta land was not specifically mentioned in the complaint.
6.Considering the documents filed on the side of the petitioner, it is decided that the ingredients of Section 379 of I.PC and Section 21(1) of Mines and Minerals (Development and Regulation) Act are not attracted and hence, the F.I.R in Crime No.835 of 2020 is liable to be quashed.
7. This Petition is allowed and the F.I.R in Crime No.835 of 2020, on the file of the first respondent police, is hereby quashed.
NCC : Yes/No 01.06.2023
Index : Yes/No
Ls
To
1. The Inspector of Police,
Kallimandayam Police Station,
Dindigul.
2.The Additional Public Prosecutor,
Madurai Bench of Madras High Court,
Madurai.
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Crl.O.P.(MD)No.132 of 2021
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Crl.O.P.(MD)No.132 of 2021
R.THARANI. J.
Ls
Pre-delivery order made in
Crl.O.P.(MD)No.132 of 2021
01.06.2023
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