K.Sankareshwaran v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.01.2025

CORAM

THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR and Crl.M.P.(MD)No.378 of 2025 1.K.Sankareshwaran 2.K.Rajavel ... Petitioners Vs.

The State of Tamil Nadu, The Inspector of Police, Madurai Police Station, CS CID-Madurai, (Crime No.325 of 2024) ... Respondents PRAYER : Criminal Original Petition filed under Section 528 of B.N.S.S., to call for the records pertaining to the impugned First Information Report in Crime No.325 of 2024 under Section 6(4) of the Tamil Nadu Scheduled Commodities (RDCS), 1982 r/w 7(1)(a)(ii) of EC Act, 1955 dated 21.11.2024 and quash the same as illegal. For Petitioner : Mr.K.Dinesh For Respondent : Mr.K.Sanjai Gandhi Government Advocate (Crl.side)

ORDER

The petitioners, who are the accused in Crime No.325 of 2024 for the offence under Sections 6(4) of the Tamil Nadu Scheduled 1/4

Commodities (RDCS), 1982 r/w 7(1)(a)(ii) of EC Act, 1955, have filed this quash petitioner 2.The contention of the petitioners is that the petitioners's name does not find in FIR initially. Only on the basis of the confession made by A1, the petitioners, who are the rice mill owners have been arrayed as accused later. Further, the Officers concerned have visited the rice mill of the petitioners and found that there is no PDS rice in their Mill. Hence, the officials, who inspected the rice mill, have assured that no action will be taken against the petitioners. The petitioners have also made a representation dated 18.12.202024 disclosing all these facts along with their explanation. The same was not considered by the respondent. Hence, the petitioners have filed this petition. 4.

The learned Additional Public Prosecutor appearing for the respondent police submits that the petitioners' representation dated 18.12.2024 has been received and if the petitioners appear before the respondent and give explanation along with the supporting documents., thereafter, appropriate decision will be taken in the event of finding that the contentions of the petitioners are true.

2/4

5.In view of the above, the petitioners are directed to appear before the respondent along with all necessary supporting documents with regard to their contention. On receipt of the same, the respondent police shall conclude the enquiry within a period of two months from the date of receipt of a copy of this order.

6.With the above directions, this Criminal Original Petition is disposed of. Consequently, connected Miscellaneous Petition is closed. 22.01.2024 NCC : Yes / No Index : Yes / No ta Note: Issue order copy on 13.02.2025 To 1.The Inspector of Police, Madurai Police Station, CS CID-Madurai 2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

3/4

M.NIRMAL KUMAR, J.

ta 22.01.2025 4/4