Ayyappan v. State Rep By Its, The Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 27-02-2025
CORAM
THE HONOURABLE MR JUSTICE G.K. ILANTHIRAIYAN AND CRL MP No. 3616 OF 2025 Ayyappan Petitioner Vs
1. State Rep by its, The Inspector of Police Ulundurpet Police Station, Villupuram District.
2.Chinnamani Respondents PRAYER :- Criminal Original Petition filed under Sec. 528 of B.N.S.S., praying to call for records relating to the case registered in Crime No. 110 of 2020 dated 04.03.2020 pending on the file of 1 st respondent police and quash the F.I.R.
For Petitioner:
Mr. D.Dayalan For Respondents:
Mr.K.M.D.Muhilan Govt. Advocate (Crl. side) For R1 1/5
ORDER
This Criminal Original Petition has been filed to quash the FIR registered in Crime No.110 of 2020 on the file of the first respondent police, for the offences under Sections 177, 465, 48 and 471 of IPC.
2. Heard the learned counsel appearing for the petitioner, the learned Government Advocate (Crl.Side) appearing for the first respondent and perused the materials available on record.
3. The case of the prosecution is that the defacto complainant, who is the Village Administrative Officer, lodged a complaint against the petitioner. It is alleged that based on the direction given by the Revenue Inspector, the petitioner had obtained a Hindu Adi Dravida Community Certificate bearing No.TN.5201902114134 fraudulently. On 24.02.2020, the defacto complainant conducted a verification and found that the petitioner had studied in both High School and Higher Secondary School. On verification with both institutions, it was revealed that the petitioner actually belongs to the Hindu Vanniyar 2/5
Community. However, the petitioner is alleged to have submitted false information and fabricated documents to obtain a community certificate as a Hindu Adi Dravida, with the intention of securing employment under the reserved category. Based on this forged certificate, the petitioner applied for the post of Grade II Police Constable in the Tamil Nadu Government Uniformed Services and was subsequently selected. On verification of the certificates the alleged offence came to light.
4. According to the petitioner, he had no knowledge about the online community certificate. The petitioner had applied for the post of Police Constable through the e-Sevai portal, similar to other candidates. However, without the knowledge of the petitioner, a community certificate belonging to another person was negligently uploaded along with the petitioner's application. The petitioner also produced his SSLC, HSC and community certificate all of which correctly reflected that he belongs to the Hindu Vanniyar Community. Under the said community, the petitioner was provisionally selected for thepost of Grade II Police Constable in general quota. Therefore, no offence, as alleged by the prosecution, is made out as against him. 3/5
5. In view of the above, the FIR registered in Crime No.110 of 2020 on the file of the first respondent police, cannot be sustained and is liable to be quashed. Accordingly, the FIR is hereby quashed and the Criminal Original Petition is allowed. Consequently, connected miscellaneous petition is closed.
27-02-2025 Index:Yes/No Speaking/Non-speaking order Internet:Yes Lpp To 1.The Inspector Of Police Ulundurpet Police Station, Villupuram District.
2. The Public Prosecutor, High Court, Madras. 4/5
G.K.ILANTHIRAIYAN J.
Lpp AND CRL MP NO. 3616 OF 27-02-2025 5/5