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Madras High CourtCRL OP(MD)/14853/2020dismissed

Abin @ Satheesh v. The Inspector Of Police

2020-12-21Honourable Mrs Justice J. Nisha Banu3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.12.2020

CORAM

THE HONOURABLE MRS.JUSTICE J.NISHA BANU and Crl.M.P.(MD)Nos.7073 & 7074 of 2020 Abin @ Satheesh ... Petitioner/2nd Accused Vs.

State rep.by Inspector of Police, Civil Supplies-C.I.D., Kuzhithurai Unit, Nagercoil, Kanyakumari District.

(Crime No.16 of 2015) ... Respondent/Complainant Prayer : Criminal Original Petition filed under Section 482 Cr.P.C., to call for the records relating to case in C.C.No.193 of 2019 on the file of the learned Judicial Magistrate No.III, Nagercoil, Kanyakumari District, and quash the same insofar as it relates to the petitioner.

For Petitioner : Mr.K.Rajeswaran For Respondent : Ms.S.E.Veronica Vincent, Government Advocate(crl.side)

ORDER

This criminal original petition has been filed to quash the case in C.C.No.193 of 2019 on the file of the learned Judicial Magistrate No.III, Nagercoil, Kanyakumari District. 2.The learned counsel appearing for the petitioner would submit that the allegation levelled against the petitioner is that on 30.01.2015, the first accused in this case was caught red handed with illegal white kerosene and he confessed that the petitioner herein and other accused were illegally transported 1850 liter of white kerosene to Kerala, which was given for fishermen under Civil Supplies Scheme by the Government. Accordingly, a case was registered in crime No.16 of 2015 for the offence under Section 17 of TNK (RT) Order r/w Section 7(1)(a)(ii) of EC Act, 1955. After completion of investigation, the respondent filed the charge sheet in C.C.No.193 of 2019 before the learned Judicial Magistrate No.III, Nagercoil, Kanyakumari District and the petitioner herein is arrayed as A2.

3.The learned counsel for the petitioner would submit that there is no prima facie material as against the petitioner and only based on the confession of the co-accused, the petitioner herein added as an accused in the present case. He would further submit that the respondent police foisted a false case as against the petitioner due to wreck vengeance. Hence, the petitioner filed the present petition seeking the aforesaid relief. 1/3

4.The learned Government Advocate appearing for the respondent, on instructions, would submit that the petitioner and other accused are involved in serious offence and they have illegally transported 1850 liter of white kerosene to Kerala, which was given for fishermen under Civil Supplies Scheme by the Government. She would further submit that there are specific allegations as against the petitioner and hence, she would pray for dismissal of this petition. 5.Heard the learned counsel for the petitioner and the learned Government Advocate appearing for the respondent and perused the materials available on record.

6.Admittedly, the petitioner and other accused have illegally transported 1850 liter of white kerosene to Kerala, which was given for fishermen under Civil Supplies Scheme by the Government. The averments of the charge sheet would clearly show the overt act as against the petitioner. The Hon'ble Supreme Court by judgment dated 02.12.2019 in Crl.A.No.1817 of 2019 in the case of M.Jayanthi vs. K.R.Meenakshi and another has held as follows:- ''9.It is too late in the day to seek reference to any authority for the proposition that while invoking the power under Section 482 Cr.P.C for quashing a complaint or a charge, the Court should not embark upon an enquiry into the validity of the evidence available.

All that the Court should see is as to whether there are allegations in the complaint which form the basis for the ingredients that constitute certain offences complained of. The Court may also be entitled to see (i) whether the preconditions requisite for taking cognizance have been complied with or not; and (ii) whether the allegations contained in the complaint, even if accepted in entirety, would not constitute the offence alleged.''

7.Here in the present case, there are specific allegations in the charge sheet filed against the petitioner and therefore, the grounds raised in this petition can be gone into only in a fullfledged trial. Accordingly, this Criminal Original Petition is dismissed. Considering the facts and circumstance of the case, the learned Judicial Magistrate No.III, Nagercoil, Kanyakumari District is directed to conclude the entire trial proceedings in C.C.No.193 of 2019, as expeditiously as possible. Consequently, connected miscellaneous petitions are closed.

Sd/- Assistant Registrar (AS) // True Copy // / /2021 Sub Assistant Registrar(CS) 2/3

gns 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 Judicial Magistrate No.III, Nagercoil, Kanyakumari District. 2.The Inspector of Police, Civil Supplies-C.I.D., Kuzhithurai Unit, Nagercoil, Kanyakumari District.

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

21.12.2020 SRK(CO) KB(11.01.2021) 3P 4C 3/3