Munusamy @ Madhavan v. State Rep.By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 13.06.2023

CORAM

THE HONOURABLE MR.JUSTICE G.CHANDRASEKHARAN and Crl.M.P.No.7943 of 2023 Munusamy (a) Madhavan

...Petitioner

Vs.

The State represented by Inspector of Police, G5 Chunambedu Police Station, Chunampet, Chengalpattu - 603 401. ...Respondent Prayer : Criminal Original Petition has been filed under Section 482 of Cr.P.C, to call for the records in Crime No.39 of 2020 on the file of respondent Police and quash the same.

For Petitioner : Mr.K.Shankar For Respondent :Mr.Leonard Arul Joseph Selvam Government Advocate (crl.side)

ORDER

This Criminal Original Petition has been filed to call for the records in Crime No.39 of 2020 on the file of respondent Police and quash the

same.

2.The learned counsel for the petitioner submitted that the allegations made in First Information Report that petitioner was found with possession of two bags of sand weighing 50kg is not true. Petitioner is falsely implicated in this case. Thus, this petition. 3.In response, the learned Government Advocate (Criminal side) submitted that petitioner was caught red handed with two bags of sand weighing 50kg without any permission. He further submitted that investigation in this case is pending.

4.The First Information Report allegations show that on 02.02.2020, the Police party found petitioner in a two-wheeler bearing No.TN 10 BC 6797 with two bags of river sand weighing 50kg each without any permission. Therefore, he was apprehended with sand and the case was registered. The First Information Report allegations prima-facie, make out a case of commission of cognizable offence by the petitioner. Petitioner

submission that he was not in possession of two bags of sand weighing 50kg, is a matter required to be proved only in the course of trial. That submission cannot be entertained now. In the said circumstances, this Court finds no merits in the prayer seeking quashing the proceedings in Crime No.39 of 2020 on the file of respondent Police, and it cannot be entertained.

5.Accordingly, this Criminal Original Petition is dismissed. Consequently, connected miscellaneous petition is closed. 13.06.2023 Index: Yes/No Speaking/Non speaking order ep

G.CHANDRASEKHARAN, J.

ep To 1.Inspector of Police, G5 Chunambedu Police Station, Chunampet, Chengalpattu - 603 401.

2.The Public Prosecutor, High Court, Madras.

and Crl.M.P.No.7943 of 2023 13.06.2023