G.Senguttuvan v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 20.06.2023

CORAM:

THE HON'BLE Mr. JUSTICE SUNDER MOHAN and Crl.M.P.No.12341 of 2021 G. Senguttuvan

...Petitioner

Versus

State Rep. by Inspector of Police, V-1, Villivakkam Police Station, Chennai.

...Respondent

PRAYER : Criminal Original Petition has been filed under Section 482 of Criminal Procedure Code, seeking to call for the records in Crime No.234 of 2021, on the file of Inspector of Police, V-1, Villivakkam Police Station, Chennai and quash the same.

For Petitioner :

Mr.G.Saravanakumar For Respondent :

Mr.A.Damodaran Additional Public Prosecutor

O R D E R

This petition is to quash the FIR in Crime 234 of 2021 for the alleged offences under Sections 409, 465, 468 and 471 of Indian Penal Code and Section 7 (1) (a) (i) of the Essential Commodities Act, 1955.

2. Mr. C. Saravanakumar, the learned counsel for the petitioner submitted that his possession cannot be said to be illegal as the Government of India, permitted the drug to be sold at the relevant point of time. Hence, he prayed for quashing of the FIR.

3. This Court is of the view that the point raised by the learned counsel for the petitioner has to be investigated by the respondent police. Hence, this Court is not inclined to entertain this petition. The respondent Police shall investigate the case and file a final report within a period of two (2) months from the date of receipt of a copy of this order.

4. With the above observations, this Criminal Original Petition is dismissed. Consequently, the connected Miscellaneous Petition is closed. 20.06.2023 Index : Yes/No Internet : Yes/No Speaking Order/Non Speaking Order dk To 1.The Inspector of Police, V-1, Villivakkam Police Station, Chennai.

2. The Public Prosecutor High Court of Madras Chennai - 600 104.

SUNDER MOHAN, J.

dk and Crl.M.P.No.12341 of 2021 20.06.2023