Madras High Court
D.Thillairaj vs The State Of Tamil Nadu on 14 November, 2024
Author: M.Nirmal Kumar
Bench: M.Nirmal Kumar
Crl.O.P.(MD)No.19707 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 14.11.2024
CORAM
THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR
Crl.O.P.(MD)No.19707 of 2024
and
Crl.M.P.(MD)No.12138 of 2024
1.D.Thillairaj
2.D.Thangaraj ... Petitioners
Vs.
1.The State of Tamil Nadu,
Rep. by the Inspector of Police,
Thirumangalam Town Police Station,
Madurai District.
(Crime No.10 of 2010).
2.M.R.Murugesan ... Respondents
PRAYER : Criminal Original Petition filed under Section 528 of BNSS,
to call for the records relating to the impugned FIR in Crime No.10 of
2010 dated 04.01.2010 on the file of the first respondent police and to
quash the same as illegal in respect of the petitioners.
For Petitioner : Mr.SP.Vijaynivas
For R1 : Mr.K.Sanjai Gandhi
Government Advocate [Crl. Side]
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Crl.O.P.(MD)No.19707 of 2024
ORDER
This Criminal Original Petition has been filed, to quash the impugned FIR in Crime No.10 of 2010 dated 04.01.2010, on the file of the first respondent police.
2.The petitioners are the accused A1 and A2 in Crime No.10 of 2010, for the offences under Sections 135(1)(a), 135(1)(b), 135(1)(c), 135(1)(d) and 138 of Electricity Act.
3.The gist of the case against them is that the de-facto complainant, the then Executive Engineer, Tamil Nadu Electricity Board (Distribution), Thirumangalam, Madurai, has lodged a complaint before the first respondent police alleging that on 04.01.2010 at about 06.00 a.m., the de-facto complainant along with his parties visited the Factory situated at Plot Nos.C19, C20 and C21, SIDCO Industrial Estate, Kappalur, Thirumangalam, for inspection and found that the meter has been tampered with and energy theft has been committed and after conducting a detailed inspection, a complaint has been lodged, against the petitioner and another person.
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4.The contention of the learned Counsel for the petitioners is that the petitioners had leased out the entire factory premises including buildings, machinery and other materials to A3 – Thangamani on 03.12.2008, itself and a lease deed was properly registered in Document No.11668/2008. The alleged energy theft has taken place in the year 2010. Thus, the petitioners have got nothing to do with the said activities committed by M/s.Tower Steels (P) Ltd., and it is A3 who had been running the factory in the name of Sri Ragavendra Corporation and hence, filed the quash petition.
5.Learned Government Advocate [Crl. Side] submitted that the petitioners had earlier sent a representation on the similar grounds and thereafter, based on the petitioner’s contention and verification of the records, it was found that on 19.12.2008, Tower Steel Company was utilising high tension service connection and it is Sri Ragavendran Corporation which was managed by A3, carrying on the manufacturing activities in the said premises. As regards the petitioners, the petitioners had executed a lease deed including the machinery, building and 3/6 https://www.mhc.tn.gov.in/judis Crl.O.P.(MD)No.19707 of 2024 materials in favour of A3 on 03.12.2008, by registered Document No. 11668/2008. On enquiry, the Inspector of Police had now settled the petitioners' names by deletion report dated 30.10.2023.
6.In view of the fact that the petitioners' names being deleted from the above case, this Criminal Original Petition is closed. Consequently, the connected miscellaneous petition is closed.
14.11.2024
NCC : Yes / No
Index : Yes / No
MR
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Crl.O.P.(MD)No.19707 of 2024
To
1.The Inspector of Police,
Thirumangalam Town Police Station,
Madurai District.
2.The Additional Public Prosecutor,
Madurai Bench of Madras High Court,
Madurai.
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Crl.O.P.(MD)No.19707 of 2024
M.NIRMAL KUMAR, J.
MR
Crl.O.P.(MD)No.19707 of 2024
14.11.2024
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