Madras High Court
Prabhu vs State By Inspector Of Police on 22 June, 2022
Author: N. Sathish Kumar
Bench: N. Sathish Kumar
CRL.O.P.No.14319 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 22.06.2022
CORAM:
THE HONOURABLE MR.JUSTICE N. SATHISH KUMAR
CRL.O.P.No. 14319 of 2022
and Crl.M.P.No. 7835 of 2022
Prabhu .. Petitioner
Versus
1.State by Inspector of Police
Sriperumbudur Police Station
Kancheepuram District
(Crime No.96/2022) .. Respondent
PRAYER:Criminal Original Petition filed under Section 482 of Cr.P.C. praying
to call for the records relating to Cr.No.96 of 2022 on the file of the respondent
police and quash the same as the petitioners are concerned.
For Petitioner : Mr.C.Munusamy
For Respondent : A.Gokulkrishnan
Additional Public Prosecutor
ORDER
This petition has been filed to quash the FIR filed for offences under Section 353 r/w Section 4(1)(aa) and 4(1-A) of Tamil Nadu Prohibition Act IPC in Cr.No.96 of 2022 on the file of the respondent police. https://www.mhc.tn.gov.in/judis Page 1 of 5 CRL.O.P.No.14319 of 2022
2. The FIR is proceeded on the premise that when the police where on their routine patrol, they went near the company namely SPP Enterprises situated in Mambakam SIPCOT, they found valuables cars also and on search, they found several Brandy bottles. Hence, police seized all the four vehicles along with the liquor bottles and arrested the accused.
3. The learned counsel for the petitioner would submit that this FIR is nothing but a clear abuse of process of law and accused has been falsely implicated. Though in normal circumstances, this Court would not venture into the merits of the FIR, but, it is the specific case of the learned counsel for the petitioner that the contention of the police that they seized the vehicles and brandy bottles from the vehicles is absolutely false as it be can be very well seen in the captured recordings of videograph of the entire area on the particular date.
4. The learned Additional Public Prosecutor submitted that he has to get instructions and seeks time further time. This Court is not willing to adjourn the matter since, on prima facie view from the videographs, the investigation is necessary.
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5. On a perusal of the video, it appears that some persons in plain cloths have taken the cars referred in the FIR themselves forcibly. There is no trace of any brandy bottles whatsoever found, no trace of seizure as alleged by the FIR. Such view of the matter, this Court is of the prima facie view that allegation of petition to be probed properly. Such view of the matter, this Court invoking its inherent jurisdiction under Section 482 of Cr.P.C.
6. Accordingly, the Superintendent of Police, CBCID, Kancheepuram District to conduct the investigation in this matter and enquire thoroughly and the Superintendent of Police shall also seize all the footages to find out the veracity of the complaint. If during the investigation, he finds out that FIR is motivated and falsely filed, he will proceed against the persons who is instrumental in lodging the FIR in accordance with the law and such investigation shall be completed within three months. The Superintendent of Police also submit the CCTV footages to expert examination. In the event he finds that footages are tampered or manipulated, he can proceed against the Petitioner for the offences charged.
7. Since investigation itself is transferred, the question of quashment of https://www.mhc.tn.gov.in/judis Page 3 of 5 CRL.O.P.No.14319 of 2022 FIR will not arise. Till the investigation by the Superintendent of Police is concluded there shall not be any confiscation proceedings. If the Investigating Agency finds that the present petitioner has tampered the footages to conceal evidence, the Investigating Officer may proceed against the petitioner for offences registered, including confiscation proceedings as per law.
8. With the above observations, this criminal original petition stands disposed of. No costs. Consequently, connected miscellaneous petition is closed.
22.06.2022 Internet : Yes / No Index : Yes / No Speaking / Non Speaking order dhk/ggs To
1.The Inspector of Police Sriperumbudur Police Station Kancheepuram District
2.The Superintendent of Police CBCID, Kancheepuram District
3.The Public Prosecutor Madras High Court, Chennai.
https://www.mhc.tn.gov.in/judis Page 4 of 5 CRL.O.P.No.14319 of 2022 N. SATHISH KUMAR, J.
dhk/ggs Crl.O.P.No.14319 of 2022 22.06.2022 https://www.mhc.tn.gov.in/judis Page 5 of 5