Babu v. The State By, The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 24.04.2025

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN and Crl.M.P.No.8476 of 2025 Babu ... Petitioner Vs

1. The State by, The Inspector of Police, Vellore Taluk Police Station, Vellore District.

Cr.No.210/2014.

2. Murugan ... Respondents PRAYER: Criminal Original Petition is filed under Section 482 of Cr.P.C/ Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, to call for the records in Cr.No.210 of 2014 pending on the file of 1st respondent police, and quash the same.

For Petitioner : Mr.D.Thirumoorthy For R1 : Mr.A.Gopinath Government Advocate (Crl.side) For R2 : Mr.Murugan Party-in-Person

ORDER

This Criminal Original Petition has been filed to quash the First Information Report in Crime No.210 of 2014 on the file of the first respondent.

2. Heard both sides and perused the materials placed on record.

3. On the complaint lodged by the second respondent, the first respondent registered FIR in Crime No.210 of 2014 for the offences punishable under Section 399 of IPC and Section 25(1-A) of Indian Arms Act, alleging that the accused planned to cut down sandalwood trees and red sandalwood trees. When the same was questioned by the defacto complainant, the accused threatened the defacto complainant with dire consequences by showing deadly weapons.

4. It is seen that the present FIR has been registered alleging that the accused threatened the defacto complainant with deadly weapons. There is absolutely no allegation to attract the offence under Section 399 of IPC. Further, there is no averment to attract the offences under Section 25(1-A) of Indian Arms Act as against the petitioner and there is no recovery from the

petitioner so far. The FIR is pending from the year 2014 without any progress. Hence, mere keeping the FIR pending would not serve any purpose.

5. In view of the above, the impugned FIR cannot be sustained as against the petitioner and is liable to be quashed. Accordingly, the FIR in Crime No.210 of 2014, on the file of the first respondent is hereby quashed.

6. In the result, this Criminal Original Petition is allowed. Consequently, connected Miscellaneous petition is closed. 24.04.2025 Internet:Yes Index:Yes/No Speaking/Non speaking order mn

G.K.ILANTHIRAIYAN. J, mn To

1. The Inspector of Police, Vellore Taluk Police Station, Vellore District.

2. The Public Prosecutor, High Court, Madras.

24.04.2025