Madras High CourtCRL OP(MD)/6603/2020dismissed

Dhanapackiam v. The Inspector Of Police

2020-06-25Honourable Mr Justice B.Pugalendhi2 pages

Crl.O.P.(MD).No.6603 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.06.2020

CORAM

THE HONOURABLE MR. JUSTICE B.PUGALENDHI Crl.O.P.(MD).No.6603 of 2020 and Crl.M.P.(MD).No.3346 of 2020 Dhanapackiam .. Petitioner/Accused 5 Vs.

State through The Inspector of Police, Kallal Police Station, Sivagangai District.

(Crime No.248 of 2020) ... Respondent/Complainant PRAYER: Criminal Original Petition filed under Section 482 of Criminal Procedure Code, to quash the impugned FIR in Crime No.248 of 2020, dated 05.05.2020 on the file of the respondent police. For Petitioner : Mr.T.Kumar For Respondent : Mr.K.K.Ramakrishnan Additional Public Prosecutor

ORDER

The petitioner has filed this petition to quash the FIR registered in Crime No.248 of 2020, dated 05.05.2020 on the file of the respondent police.

2.According to the learned counsel for the petitioner, the case has been registered in Crime No.248 of 2020 on 05.05.2020 for the offences punishable under Sections 379, 430, 294(b), 353, 506 (i) and 279 of IPC and Section 3(2) TNPPDL Act, 1992 and Section 21(4) of Mines and Minerals (Development and Regulation) Act, 1957, against five accused persons and the petitioner herein was arrayed as A5. He would further submit that the petitioner is not at all connected with the offence and she is only the owner of a Tipper vehicle bearing registration No. TN 47 AM 1122. 3.The learned Additional Public Prosecutor on instructions from the respondent police submits that the petitioner is the owner of the vehicle, which has been involved in the offence and it has been seized during illegal quarrying of sand. 4.Heard Mr.T.Kumar, learned counsel appearing for the petitioner and Mr.K.K.Ramakrishnan, learned Additional Public Prosecutor, appearing for the respondent police. 5.Admittedly, the petitioner is the owner of the vehicle which https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD).No.6603 of 2020 involved in illegal quarrying of sand. Further, the petitioner raised certain grounds, which are not sufficient to entertain the application to quash the FIR.

4.Accordingly, this criminal original petition is dismissed. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar (AS) // True Copy // / /2020 Sub Assistant Registrar(CS) TM/PM To 1.The Inspector of Police, Kallal Police Station, Sivagangai District.

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

Crl.O.P.(MD).No.6603 of 2020 25.06.2020 KM (08.07.2020) 2P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2