Madras High CourtCRL OP(MD)/5396/2020disposed of

Balasubramaniam v. The Inspector Of Police

2020-05-19Honourable Mr Justice G.R.Swaminathan2 pages

Crl.O.P.(MD)No.5396 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.05.2020

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P(MD)No.5396 of 2020 and Crl.M.P.(MD)No.3039 of 2020 1.Balasubramaniam 2.Senkottuvel ... Petitioners/Accused 1 & 2 Vs 1.State:

rep. by the Inspector of Police, Prohibition Enforcement Wing, Karur.

(Crime No.402/2020) ...1st Respondent/Complainant 2.Pannerselvam ...2nd Respondent//Defacto Complainant PRAYER: Petition filed under Section 482 Code of Criminal Procedure, to call for the records relating to the FIR in Crime No.402 of 2020, dated 29.03.2020 on the file of the first respondent, the Inspector of Police, Prohibition Enforcement Wing, Karur and quash the same. For Petitioners : Mr.AN.Ramanathan For R1 : Mr.A.Robinson Government Advocate (Crl.side)

ORDER

The petitioners have been shown as accused in Crime No.402 of 2020 registered on the file of the first respondent for the offences under Sections 4(1)(aaa) and 24 of Tamilnadu Prohibition Act. 2.The petitioner's counsel contended that the offences set out in the FIR are not at all attracted.

3.The learned Government Advocate (Crl.side) prima facie agrees with the said contention. He submits that an alteration report is to be filed shortly.

4.I am of the view that FIR is not liable to be quashed in view of the submission so made. If the petitioners are still aggrieved by the alteration report, it is always open to them to challenge the same even at the FIR stage. As on date, I am not inclined to exercise my discretion in favour of the petitioners. https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.5396 of 2020 Leaving open the petitioner's rights, this Criminal Original Petition is disposed of .

Sd/- Assistant Registrar (ADII) // True Copy // / /2020 Sub Assistant Registrar(CS) rmi To 1.The Inspector of Police, Prohibition Enforcement Wing, Karur.

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

Crl.O.P(MD)No.5396 of 2020 19.05.2020 KB(27/05/2020) 2P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2