Prakash v. The State Rep By, The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 15-09-2025

CORAM

THE HONOURABLE MR JUSTICE N. SATHISH KUMAR and Crl.MP.No.17055 of 2025 Prakash Petitioner(s) Vs

1. The State Rep by, The Inspector of Police, M-3, Puzhal Police Station, Puzhal, Chennai.

2.T.Arunkumar Respondent(s) PRAYER To call for the records and quash the FIR in Cr.No.33/2025, on the file of the respondent police against the petitioner/accused. For Petitioner(s):

V.Ramanareddy For Respondent(s):

Mr.R.Vinothraja, Govt. Advocate (Crl. Side) for R1

ORDER

This petition has been filed to quash the FIR in Cr.No.33/2025, registered against the petitioner/accused for the offence under Sections 331(4) and 305 of BNS Act on the file of the respondent police.

2. It is the case of the prosecution that on 14.01.2015 at about 7.00 p.m., when the defacto complainant's wife returned to her house, she found that her house was broke open and the gold jewels were missing. Hence, the defacto complainant made a complaint.

3. The learned counsel for the petitioner submitted that the petitioner is a pawn broker and merely based on certain silver articles were seized from him, he was arrested. Therefore, he seeks to quash the FIR.

4. It is submitted by the learned counsel for the petitioner that A1 has received stolen property and the petitioner has been implicated on the basis of the statement of A3. The petitioner/A4 is proceeded for receiving stolen property on the basis of confession given by other accused.

5. This Court is of the view that when the petitioner is not even named in the FIR, as a matter of right he cannot seek to quash the FIR. At this stage, whether the petitioner has received the stolen property or not cannot be determined and he can be proceeded only after the stolen property is established.

6. In such view of the matter, at this stage I do not find any merit to quash the FIR. Accordingly, the petition is dismissed. Consequently, connected miscellaneous petition is closed.

15-09-2025 pvs Index:Yes/No Speaking/Non-speaking order Internet:Yes

To The Inspector of Police, M-3, Puzhal Police Station, Puzhal, Chennai.

N.SATHISH KUMAR J.

CRL OP No. 25187 of 15-09-2025