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2022 Supreme(Mad) 2720

G. K. ILANTHIRAIYAN
G. Pachaiyappan – Appellant
Versus
State by, The Inspector of Police, Tiruvallur – Respondent


Advocates appeared:
For the Petitioners:C. Ganesh Pandian, Advocate. For the Respondents:R1, A. Gopinath, Government Advocate(Crl.Side).

JUDGMENT

(Prayer: Criminal Original Petition filed under Section 482 of Cr.P.C. praying to call for the records relating to FIR in crime No.248 of 2021 on the file of the Inspector of Police, C-4, Pennalurpet Police Station, Tiruvallur and quash the same as abuse of process.)

1. This petition has been filed to quash the F.I.R. in Crime No.248 of 2021 registered by the first respondent police for offences under Sections 379, 430, 415, 464 of IPC and Section 21(1) of the Mines and Minerals (Development and Regulation) Act, 1957 as against the petitioners.

2. The case of the prosecution is that the petitioners have ported silicon sand of 5 units which was not true, instead the petitioners dually having proper permission and bill to carry M-sand did carry only M-sand where the load of M-sand is still intact with the vehicle No.TN 23 AL 1498 is seized. The load of M-sand was a proper purchase from authorised M-Sand seller i.e. Sarvesh M-sand, Arasampalayam Village, Kinathakadavu, Coimbatore to deliver the load at Gummidipoondi (invoice No.541 dated 05.07.2021 and delivery dated 06.07.2021) with proper GST paid.

3. The learned Counsel appearing for the petitioners would submit that the petit

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