Madras High CourtCRL OP/26095/2025dismissed

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

2025-09-23Honourable Mr Justice N. Sathish Kumar4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 23.09.2025

CORAM:

THE HON'BLE MR.JUSTICE N. SATHISH KUMAR Crl.O.P.No.26095 of 2025 & Crl.M.P.No.17731 of 2025 Krishnamoorthy ... Petitioner Vs.

1.The State Represented by The Inspector of Police Cheyyar Police Station Tiruvannamalai District (Cr.No.147/2025) 2.The Sub Inspector of Police Cheyyar Police Station Tiruvannamalai District ... Respondents PRAYER : Criminal Original Petition is filed under Section 528 of BNSS, to call for the records and to quash the FIR in Cr.No.147 of 2025 on the file of the first respondent police For Petitioner : Mr.E.Sathiyaraj For Respondents : Mr.R.Vinothraja Government Advocate (Crl.Side)

ORDER

FIR is sought to be quashed against A4. FIR in Cr.No.147/2025 is registered for the offences punishable under Sections 275, 123, 62 of BNS, 2023 and 6(b) and 24(1) of Cigarette and Other Tobacco Products Acts, 2003.

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2. It is the contention of the petitioner that on 29.03.2025, while conducting a checkup at Kamala Store, Cheyyar Maket belonging to A1 had sold banned tobacco products to A2 and they were arrested. A1 had confessed that A3 and A4 purchased the tobacco and further, on the basis of confession of A3, A4 was arrayed as accused, however, there is no material as against the petitioner. Hence, seeks for quashment of FIR.

3. At the outset, this Court is of the view that let the prosecution conduct further investigation and see as to A4/petitioner can be made as a witness and proceed further. At this stage, this Court is not inclined to quash the FIR as against the petitioner.

4. With the above directions, this petition stands dismissed. Consequently, connected miscellaneous petition stands closed. 23.09.2025 dhk :Yes/No Internet : Yes/No To

1. The Inspector of Police 2/4

Cheyyar Police Station Tiruvannamalai District (Cr.No.147/2025) 2.The Sub Inspector of Police Cheyyar Police Station Tiruvannamalai District

2. The Public Prosecutor, Tiruvannamalai N. SATHISH KUMAR , J.

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