Thirumalai Kumar v. The Sub Inspector Of Police

Crl.O.P.(MD)No.1243 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 14.03.2022

CORAM:

THE HON'BLE MR.JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.(MD)No.1243 of 2022 & Crl.M.P.(MD)No.912 of 2022

1. Thirumalai Kumar

2. Samuvel

...Petitioners/Accused No.1 & 2

Vs.

1. The Sub Inspector of Police, Shenkottai Police Station, Tirunelveli District.

(Crime No.326 of 2021) ... 1st Respondent

2. Gopal ... 2nd Respondent/Complainant Prayer: This Criminal Original Petition filed under Section 482 Cr.P.C.to call for the records relating to the proceedings of Crime No.326 of 2021 on the file of the 1st respondent Police and quash the same as against the petitioners herein.

For Petitioners : Mr.K.P.Narayanakumar For Respondent : Mr.B.Thanga Aravindh R1 Government Advocate (Criminal Side)

ORDER

This Criminal Original Petition has been filed to quash the First Information Report in Crime No. 326 of 2021 on the file of the 1st Respondent.

2.The crux of the complaint is that on 04.11.2021, a lorry bearing registration number TN 76 AL 3476 was intercepted and found excess weight of blue metal, ie., jalli. Hence, the first respondent seized the lorry and registered a case, for the offence punishable under Section 379 IPC. At any cost, no offence is made out as per the averment made out, for the offence under Section 379 IPC. Even, according to the prosecution, instead of 9 cubic meter, the petitioner loaded 10 cubic meter of jalli. Thereby, one cubic meter is excessively loaded and the petitioner has transported the same. 3.In fact, in similar placed matters, the very same first respondent charged the lorry for overload and imposed fine. Whereas, in the case on hand as against the petitioner, the case was registered for the offence under Section 379 IPC, for which, there is absolutely no ingredients are made out to attract the said offence. Therefore, it amounts to clear abuse of process of law and it cannot be sustained.

https://hcservices.ecourts.gov.in/hcservices/

Crl.O.P.(MD)No.1243 of 2022 4.In view of the above, this Criminal Original Petition is allowed and the Crime No.326 of 2021, on the file of the first respondent is hereby quashed. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar (AD II) // True Copy // / /2022 Sub Assistant Registrar(CS) Note:

In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned. To:

1. The Sub Inspector of Police, Shenkottai Police Station, Tirunelveli District.

(Crime No.326 of 2021)

2. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

ORDER IN Crl.O.P.(MD)No.1243 of 2022 & Crl.M.P.(MD)No.912 of 2022 14.03.2022 SS/25.03.2022 : 2P/3C https://hcservices.ecourts.gov.in/hcservices/