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Madras High CourtCRL OP(MD)/2445/2020allowed

Sureshbabu v. The Inspector Of Police

2020-02-12Honourable Mr Justice A.D.Jagadish Chandira2 pages

Crl.O.P.(MD).No. 19494 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 12.02.2020

CORAM:

THE HONOURABLE MR. JUSTICE A.D. JAGADISH CHANDIRA Crl.O.P.(MD).No. 2445 of 2020 and Crl.M.P.(MD) No.1256 of 2020 Sureshbabu

...Petitioner

Vs.

1. State rep. by the Inspector of Police, Parthipanoor Police Station, Ramanathapuram District.

(In Crime No. 180 of 2019) ...R-1/Complainant 2.Stalin ... R-2/Defacto Complainant Prayer:Criminal Original Petition filed under Section 482 Cr.P.C. to call for the entire relevant records connected to the First Information Report in Crime No.180 of 2019, dated 24.09.2019, pending on the file of the first respondent police station and quash the same as illegal as against the petitioner. For Petitioner : Mr.R.Senthilkumar For R-1 : Mrs.S.Bharathi Government Advocate (Crl. Side)

ORDER

This Criminal Original Petition has been filed to quash the proceedings in Crime No.180 of 2019, dated 24.09.2019 on the file of the first respondent police station, as against the petitioner.

2. The learned counsel appearing for the petitioner would submit that a case in Crime No.180 of 2019 has been registered by the first respondent police based on a complaint lodged by the Village Administrative Officer for the offence under Section 21(1) of Mines and Mineral Act (Development and Regulation) 1957. He would further submit that the Village Administrative Officer is not an authorised person under the Act to file a complaint against the accused persons and thereby the proceedings in an abuse of process of law. In support of his contention, he relied upon the government order in G.O.(Ms.) No.12, Industries MMC1, 2nd February 2009 and the order of this Court passed in Crl.O.P.(MD) No. 14715 of 2019.

3. The learned Government Advocate (crl. Side) would submit that the case in Crime No.180 of 2019 has been registered by the first respondent police based on a complaint preferred by the https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD).No. 19494 of 2019 Village Administrative Officer.

4. This Court in Crl. O.P.(MD) No.14715 of 2019 has held as hereunder:

" Admittedly, the Village Administrative Officer lodged the complaint and she is not an authorised person by the State Government to proceed as against the accused persons for the offences alleged in the FIR. Under these circumstances, the First Information Report cannot be sustained as against the petitioners and it is clear abuse of process of law".

5. Taking into consideration of the facts of the case, the complaint lodged by the Village Administrative Officer is not maintainable and hence, the proceedings in Crime No. 180 of 2019 on the file of the first respondent police is quashed. 6.Accordingly, the Criminal Original Petition stands allowed. Consequently, connected miscellaneous petition is closed. However, liberty is granted to the first respondent to conduct further investigation in respect of offences under IPC in accordance with law.

Sd/- Assistant Registrar // True Copy // / /2020 Sub Assistant Registrar(CS) vsg To

1. The Inspector of Police, Parthipanoor Police Station, Ramanathapuram District.

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

+1 CC to M/s.R.SENTHILKUMAR, Advocate ( SR-5892[F] dated 12/02/2020 ) Crl.O.P.(MD).No. 2445 of 2020 and Crl.M.P.(MD) No.1256 of 2020 12.02.2020 KK/02.03.2020/2P-4C https://hcservices.ecourts.gov.in/hcservices/ 2/2