S.Devendiran v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 30.06.2022

CORAM:

THE HON'BLE MR.JUSTICE N.SATHISH KUMAR CRL.O.P.No.15054 of 2022 and Crl.M.P.No.8426 of 2022 S.Devendiran ... Petitioner Vs.

1.State Rep., by The Sub Inspector of Police G-6, Chittamur Police Station Chengalpet District.

(Cr. No.237 of 2020) 2.K.Afsal ... Respondents PRAYER : Criminal Original Petition filed under Section 482 of Cr.P.C., to call for the entire records pertaining to the Crime No.237 of 2020 on the file of the 1st respondent and quash the same. For Petitioner : Mr.N.Baaskaran For Respondents : Mr.A.Gokulakrishnan Additional Public Prosecutor for R1 Page No.1 of 4

O R D E R

This Criminal Original Petition is filed under Section 482 of Cr.P.C., to call for the entire records pertaining to the Crime No.237 of 2020, for the offence u/s.294(b), 353, 506(i) I.P.C. on the file of the 1st respondent and quash the same.

2.The complainant is the 2nd Grade constable. The crux of the allegation in the F.I.R. is that when the complainant along with other police went to the Vilangadu village and removed the toddy pot tied with sprout (white tender leaves) of palm tree belonging to one Viyarangan, the petitioner along with other persons intercepted and prevented them from performing their official duty, thereby F.I.R came to be registered. 3.Learned counsel for the petitioner would submit that the petitioner is no way connected with the said offence. F.I.R. was registered in the year 2020 and no investigation has been done so far in this case. The petitioner is a law college student and if the F.I.R. is proceeded against him, his career would be doomed at his young age. Page No.2 of 4

Hence sought quashing of the F.I.R. against the petitioner. 4.Heard Mr.N.Baaskaran, the learned counsel for the petitioner and Mr.A.Gokulakrishnan, the learned Additional Public Prosecutor for the respondent police.

5.Normally, this Court will not interfere with the quashing of F.I.R. during the pendency of the investigation, at the same time, when the very F.I.R. is attached with artificiality and filed for the sake of statistical purpose without any substance, this Court can quash the same. Having registered the F.I.R. in the year 2020, no progress has been made and no witnesses are being examined except the reference to names of three persons made and they have not even added their names in the F.I.R., Allegation in general nature of the same would not even sufficient to constitute any of the offence.

6.In such view of the matter, continuing the F.I.R. is nothing but a futile exercise and this Court is inclined to quash the same. Page No.3 of 4

N.SATHISH KUMAR, J.

kas 7.This Criminal Original Petition stands allowed. The F.I.R. in Crime No.237 of 2020, for the offence u/s.294(b), 353, 506(i) I.P.C. on the file of the 1st respondent is hereby quashed. Consequently, the connected miscellaneous petition is closed.

30.06.2022 kas Index: Yes / No Internet : Yes / No Speaking / Non Speaking order To.

1.The Sub Inspector of Police G-6, Chittamur Police Station Chengalpet District.

2.The Public Prosecutor, High Court of Madras.

Chennai - 600 104.

CRL.O.P.No.15054 of 2022 and Crl.M.P.No.8426 of 2022 Page No.4 of 4