Madras High CourtCRL OP(MD)/22273/2024allowed

P.Abuthaheer v. The State Of Tamil Nadu

2025-01-23Honourable Mr Justice M. Nirmal Kumar3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.01.2025

CORAM

THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR and Crl.M.P.(MD)No.13866 of 2024 P.Abuthaheer ... Petitioner Vs.

1.The State rep by The Inspector of Police, Alanganallur Police Station, Madurai District, (Crime No.457 of 2021) 2.M.Pandiyarajan ... Respondents PRAYER : Criminal Original Petition filed under Section 528 of B.N.S.S., to call for the records pertaining to the impugned first information report in Crime No.457 of 2021 under Section 379 of IPC and Section 21(4) of MMDR Act, 1957 dated 23.10.2021 and quash the same as illegal.

For Petitioner : Mr.G.Kaleeswaran For R1 : Mr.A.Thiruvadi Kumar Additional Advocate General

ORDER

In compliance of the order of this Court dated 18.12.2024, the respondent police filed a report stating that after verification, it is confirmed that the petitioner, who was the Panchayat President, only with the intention to have a clear 1/3

environment used the vehicles for levelling the place and filled the land with soil, which has let the petitioner to face the case. He had not done it with any ulterior motive or intention.

2.In view of the statements made by the respondent police by way of his report dated 04.01.2025, the case in Crime No.457 of 2021 is quashed as against the petitioner and this Criminal Original Petition is allowed. 3.In view of the quashment of the case in Crime No.457 of 2021 as against the petitioner, the vehicles, which were seized by the respondent police in TN-15-A6764 (JCB) and TN-65-Z-0541 (Tipper Lorry) shall be returned to the petitioner, who is the owner of the said vehicles. Consequently, connected miscellaneous petition is closed.

Sd/- 23.01.2025 // True Copy // /03/2025 Sub Assistant Registrar (CS-I/II/III/IV) ta To 1.The Inspector of Police, Alanganallur Police Station, Madurai District, 2/3

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

+1 CC to M/s.K.DINESH, Advocate ( SR-4559[F] dated 24/01/2025 ) 23.01.2025 SL(03.03.2025)/ 3P/ 4C Madurai Bench of Madras High Court is issuing certified copies in this format from 17.07.2023. 3/3