Madras High CourtCRL OP(MD)/19669/2021allowed

Radhakrishnan v. The Inspector Of Police

2021-12-14Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 14.12.2021

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P(MD)No.19669 of 2021 and Crl.M.P.(MD)No.11016 of 2021 Radhakrishnan ... Petitioner / Sole Accused Vs The State, Rep.by the Inspector of Police, Thiruchendur Police Station, Thoothukudi District.

(Crime No.406 of 2020) ... Respondent / complainant PRAYER: Petition filed under Section 482 of Criminal Procedure Code to quash the proceedings in Crime No.406 of 2020 pending on the file of the Inspector of Police, Thiruchendur Police Station, Thoothukudi District.

For Petitioner : Mr.C.Christopher For Respondents : Mr.E.Antony Sahaya Prabhahar Additional Public Prosecutor

ORDER

Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor for the respondent. 2.The impugned FIR has been registered against the petitioner for the offences under Sections 285 IPC & 9(B)(I)(b) of the Explosives Act, 1884. The case of the prosecution is that the petitioner was cracking fire crackers without due license. The petitioner has enclosed a copy of the license issued in favour of the petitioner by the competent authority. When the petitioner is having a valid license, the continuation of the impugned FIR is unwarranted. The same is quashed. This criminal original petition stands allowed. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar (CS III) // True Copy // / /2021 Sub Assistant Registrar(CS) https://hcservices.ecourts.gov.in/hcservices/ 1/2

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 Inspector of Police, Thiruchendur Police Station, Thoothukudi District.

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

+1 CC to M/s.C.CHRISTOPHER, Advocate ( SR-38764[F] dated 15/12/2021 ) Crl.O.P(MD)No.19669 of 2021 and Crl.M.P.(MD)No.11016 of 2021 14.12.2021 MGJ(22.12.2021) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2