B.Arjun v. State Rep By The Sub Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 05.03.2025

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No. 6205 of 2025 and Crl.M.P.No. 3981 of 2025 B.Arjun .....

Petitioner Vs State Rep. by The Sub Inspector of Police, Kancheepuram PEW Police Station, Kancheepuram District.

.....

Respondent PRAYER: Criminal Original Petition is filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2025, to call for the records of FIR in Crime No.1008 of 2023 registered a cases u/s.8(c), 20(b)(ii)(A) in Narcotic Drugs & Psychotropic Act, 1985 on the file of the respondent of police Kancheepuram PEW dated 05.10.2023 and quash the same. For Petitioner : Mr.R.Balasubramanian For Respondent : Mr.A.Gopinath Government Advocate (Crl.Side)

O R D E R

This Criminal Original Petition has been filed seeking to quash the FIR in Crime No.1008 of 2023 registered for the offences under Sections 8(c), 20(b)(ii)(A) in Narcotic Drugs & Psychotropic Act, 1985.

2. Heard the learned counsel appearing on either side and perused the materials available on record.

3. The case of the prosecution is that the petitioner was found to be in possession of 100 grams of Ganja. Hence, the case.

4. The learned counsel appearing for the petitioner would submit that the petitioner belongs to the Scheduled Caste community and has completed his Diploma. While being so, on 05.10.2023, he was insisted to attend a Ganja Awareness Meeting organized at the Collector's office, allegedly meant for teenagers and students. It was further stated that the participants of the program would be rewarded by the District Collector, which would be beneficial for their future. Therefore, on the advice of the Panchayat President, the petitioner's father asked him to attend the event. While the petitioner was waiting at the Collector office, the staff members informed him that the Collector would arrive late and in the meantime, obtained his signature in the blank paper allegedly as proof of attendance for the Ganja Awareness Meeting.

5. Subsequently, on 05.12.2024, the petitioner received an appointment order from Kancheepuram District Collector's office, appointing him as Junior Assistant in the Government Adi-Dravida Welfare School, Enjambakkam, on compassionate ground, since his elder brother had been murdered by other community person. Pursuant to the appointment order, the petitioner joined duty on 09.12.2024 and received joined report from the Head Mistress, Government Adi-Dravida Welfare School, Enjambakkam. However, on 18.12.2024, during police verification, it came to light that an FIR had been registered as against the petitioner in Crime No.1008 of 2023 on the file of the respondent alleging that he was found in possession of 100 grams of Ganja. It is pertinent to note that ever since the registration of the FIR on 05.10.2023, no investigation or proceedings have been initiated by the respondent police. It shows that a false case has been foisted as against the petitioner, while the petitioner was attending Ganja Awareness Meeting in the Collector office.

6. In view of the above facts and circumstances, the FIR in Crime No.1008 of 2023 on the file of the respondent police cannot be sustained and is liable to be quashed. Accordingly, it is hereby quashed

and the Criminal Original Petition stands allowed. Consequently, connected miscellaneous petition is closed.

05.03.2025 Index : Yes/No : Yes/No Speaking/non-speaking order Lpp To

1. The Sub Inspector of Police, Kancheepuram PEW Police Station, Kancheepuram District.

2. The Public Prosecutor, High Court, Madras.

G.K.ILANTHIRAIYAN, J.

Lpp Crl.O.P.No.6205 of 2025 05.03.2025