T.V.Manivannan v. State Rep. By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 03.04.2025
CORAM:
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN and Crl.M.P.No.6353 of 2025 T.V.Manivannan ....
Petitioner Vs State rep by The Inspector of Police Velankanni Police Station, Nagapattinam.
Crime No.50 of 2025 ....
Respondent PRAYER: Criminal Original Petition is filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, to call for the records, pertaining to Crime No.50 of 2025 dated 27.01.2025 pending on the file of the Inspector of Police, Velankanni Police Station, Nagapattinam District and quash the same.
For Petitioner : Mr.V.Karthikeyan For Respondent : Mr.R.Vinothraja Government Advocate (Crl.Side)
ORDER
This Criminal Original Petition has been filed seeking to quash the FIR registered in Crime No.50 of 2025 on the file of the respondent police.
2. The case of the prosecution is that on 27.01.2025 at about
4.30 p.m., the petitioner threatened the general public using unparliamentary language and intimidated them with dire consequences if they interfered with him, while in possession of an Aruval. Hence, the complaint.
3. The learned counsel appearing for the petitioner submitted that on the date and time of the alleged occurrence, the petitioner was present before the District Munsif-cum-Judicial Magistrate Court, Kilvelur, Nagapattinam District in connection with PRC No.39 of 2024 and was produced to the remand proceedings. In the remand Court, the petitioner stated that the present case has been falsely foisted against him, even while he was present in the Court at the alleged time of occurrence. While he was awaiting his case in PRC No.39 of 2024, he was taken into custody by the respondent and implicated in a false case.
4. The learned Government Advocate (Crl.Side) appearing for the respondent submitted that after registration of the FIR, the investigation has been completed and the final report was filed on 26.02.2025.
5. On verification of the records, it is seen that no hard copy of the charge sheet has been filed before the Trial Court. That apart, on
perusal of the FIR reveals that the petitioner threatened the general public with dire consequences. The entire allegations are revealed that it is nothing but a false case foisted against the petitioner, who is already involved in other criminal cases.
6. A perusal of the remand report also reveals that the petitioner was very much present before the District Munsif-cum-Judicial Magistrate, Kilvelur, in PRC No.39 of 2024 till 4.30 p.m., on 27.01.2025.
7. In view of the above, the FIR registered in Crime No.50 of 2025 on the file of the respondent police and the subsequent charge sheet cannot be sustained and are liable to be quashed. Accordingly, the said FIR and all proceedings pursuant thereto are hereby quashed and this Criminal Original Petition is allowed. Consequently, connected miscellaneous petition is closed.
03.04.2025 Index : Yes/No : Yes/No Speaking/non-speaking order Lpp To 1.The Inspector of Police Velankanni Police Station, Nagapattinam.
2.The Public Prosecutor, High Court, Madras.
G.K.ILANTHIRAIYAN, J.
Lpp 03.04.2025