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Madras High CourtCRL OP(MD)/16115/2025allowed

Chandru v. The State Of Tamilnadu Rep. By

2025-09-24Honourable Mr Justice Sunder Mohan5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 24.09.2025

CORAM

THE HONOURABLE MR.JUSTICE SUNDER MOHAN Crl.O.P.(MD).No.16115 of 2025 and Crl.M.P(MD) No.13139 of 2025 Chandru ... Petitioner/Accused No.6 Vs.

The State of TamilNadu, Rep. By the Inspector of Police, Keerathurai Police Station, Madurai District.

Crime No.196/2024.

... Respondent/Complainant Prayer : Criminal Original Petition is filed under Section 482 of Cr.P.C., to call for the records pertaining to the proceedings in Crime No.196 of 2024 on the file of the respondent police and quash the same. For Petitioner : Mr.R.Balamuruganantham For Respondent : Mr.K.Sanjai Gandhi Government Advocate (Crl.Side)

ORDER

This Criminal Original Petition has been filed to quash the First Information Report registered in Crime No.196 of 2024 on the file of the first respondent Police Station for the offences punishable under Sections.399 of IPC and Section 25(1)(a) of Arms Act, 1959.

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2. The allegation is that the petitioner who was juvenile at the time of alleged occurrence along with six others had planned to commit dacoity by spraying chilly powder on victims in a temple festival; and that the first five accused were in possession of weapons and committed the offence.

3. The learned Counsel for the petitioner would submit that this petitioner was aged 17 years at the time of occurrence; that there is absolutely no material to implicate the petitioner with the alleged offence except the confession of the co-accused; that no weapon or any other incriminating material was seized from the petitioner; and that the petitioner has no bad antecedents; and that therefore, the impugned FIR may be quashed insofar as the petitioner is concerned.

4. The learned Government Advocate (Crl. Side) would submit that the respondent after investigtation have now filed a final report before the Juvenile Justice Board, Madurai and the same has been taken on file in JC.No.402 of 2025. He also fairly conceded that there is no material against the petitioner apart from the confession of co-accused.

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5. Admittedly, the petitioner has no bad antecedents. The only material as fairly conceded by the learned Government Advocate (Crl.side) is that the confession of the co-accused. The petitioner was a Juvenile at the time of the occurrence. No weapon or any other incriminating material was seized from the petitioner. The copy of the final report produced by the learned Government Pleader suggests that no independent witnesses were examined.

6. In the light of the above discussion, this Court is of the view that it would be a futile excerise to continue the prosecution agianst the petitioner. Accordingly, the impugned FIR in Cr.No.196 of 2024 and the consequential final report filed before the Juvenile Justice Board in J.C.No.402 of 2025 are quashed insofar as the petitioner is concerned.

7. With the above observations, this Criminal Original Petitions is allowed. Consequently, connected miscellaneous petition is closed. 24.09.2025 NCC : Yes / No Index : Yes / No Internet : Yes/ No gvn 3/5

To

1. The Inspector of Police, Keerathurai Police Station, Madurai District.

2. The Officer-in-charge, Juvenile Justice Board, Madurai.

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

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SUNDER MOHAN, J.

gvn Crl.O.P(MD).No.16115 of 2025 24.09.2025 5/5