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Madras High CourtCRL OP/27426/2022allowed

G.Arumugam v. State Rep By

2023-12-13Honourable Mr.Justice Vivek Kumar Singh4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 13.12.2023

CORAM

THE HONOURABLE MR.JUSTICE VIVEK KUMAR SINGH G.Arumugam ... Petitioner Vs 1.The State rep by The Inspector of Police, Civil Supplies CID, Rajam Nagar, Thirupathiripuliyur, Cuddalore.

Crime No.32 of 2012.

2.A.Ganesan ... Respondents Prayer: Criminal Original Petition filed under Section 482 Cr.P.C. to call for the records in pertaining to the crime No.32 of 2012 pending on the file of the first respondent and quash the same.

For Petitioner : Mr.B.Baskaran For Respondents : Mr.A.Gopinath for R1 Government Advocate (Crl. Side) 1/4

ORDER

This Criminal Original Petition has been filed to call for the records pertaining to the FIR in Crime No.32 of 2012 on the file of the first respondent Police and quash the same.

2.The case of the prosecution is that the petitioner has failed to pay the bill and shortage of the essential commodities and misappropriated a sum of Rs.11,252.50. Based on the complaint given by the second respondent, the first respondent registered the first information report in Crime No.32 of 2012 under Sections 6(2)(3) of TNSC (RDCS) Order 1982 r/w 7(i)a(ii) of EC Act.

3.The learned counsel for the petitioner submitted that the petitioner has no previous criminal history.

4.The learned Government Advocate (crl.side) vehemently opposed the prayer for quashing the First Information Report. 5.Heard the learned counsel on either side and perused the materials available on record.

6.This Court finds the present case to be a fit case for quashing the First Information Report.

7.Considering the facts and circumstances of the case and on the 2/4

various aspects which has been looked into it, the proceedings in Crime No.32 of 2012 pending on the file of the first respondent, is quashed and this Criminal Original Petition is allowed.

13.12.2023 Internet:Yes Index:Yes/No vkr To 1.The Inspector of Police, Civil Supplies CID, Rajam Nagar, Thirupathiripuliyur, Cuddalore.

2. The Public Prosecutor, High Court, Madras.

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VIVEK KUMAR SINGH.J., vkr 13.12.2023 4/4