Madras High CourtCRL OP(MD)/111/2025dismissed

Michael Raj v. The State Of Tamilnadu

2025-02-05Honourable Mr. Justice P.Dhanabal5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 05.02.2025

CORAM:

THE HONOURABLE MR.JUSTICE P.DHANABAL CRL. O.P(MD) No.111 of 2025 Michael Raj ... Petitioner/Accused No.2 vs.

1.State of Tamil Nadu rep. by the Sub Inspector of Police, Palayamkottai Police Station, Tirunelveli.

(Cr.No. 807 of 2023) 2.L.Ashmi ... Respondents PRAYER: Criminal Original Petition filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 to call for the records pertaining to the First Information Report in Crime No.807 of 2023 dated 17.07.2023 on the file of the 1st respondent police and quash the same as illegal.

For petitioner : Mr.Abdul Kalam Azad for Mr.A.Arun Ramanath For Respondents : Mr. R.M.Anbunithi Additional Public Prosecutor for R1 ***** Page No. 1 of 5

O R D E R

This petition has been filed by the petitioners to quash the First Information Report in Crime No.807 of 2023 dated 17.07.2023 on the file of the first respondent police.

2. The learned counsel for the petitioner would submit that the first respondent police has filed a case against the petitioner for the offences under Section 20(b)(ii)(A) of NDPS Act, 1985, in Cr.No.807 of 2023. In fact, the petitioner was arrayed as A2 and even as per the contents of the First Information Report, no offence is made out against the petitioner and he was falsely implicated in this case. Therefore, the petitioner filed this case to quash the First Information Report.

3. The learned counsel appearing for the first respondent police would submit that based on a secret information, they intercepted the petitioner and others and found that they had illegally possessed 5 grams kanja and registered the case in Cr.No.807 of 2023 for the offences under Section 20(b)(ii)(A) of NDPS Act, 1985. Thereafter, they conducted investigation and filed Final Report before the concerned Court. Page No. 2 of 5

Therefore, this petition is liable to be dismissed.

4. This Court has perused the records.

5. This petition has been filed challenging First Information Report registered against the petitioner in Cr.No.807 of 2023 dated 17.07.2023. After registering FIR, the respondents have conducted investigation and filed Final Report.

6. As per the contents of the First Information Report, there are some allegations levelled against the petitioner to constitute offence. Therefore, it is not appropriate to quash the First Information Report and the petitioner is at liberty to challenge the Final Report, if any material available against the petitioner, in the manner known to law.

7. With above said observations, this petition is dismissed. 05.02.2025 NCC : Yes/No Index : Yes / No Internet : Yes / No apd Page No. 3 of 5

To 1.The Sub Inspector of Police, Palayamkottai Police Station, Tirunelveli.

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

Page No. 4 of 5

P.DHANABAL,J apd Crl.OP(MD) No.111 of 2025 05.02.2025 Page No. 5 of 5