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2025 Supreme(Online)(MAD) 12658

HIGH COURT OF MADRAS
G.K. ILANTHIRAIYAN, J
EZHILARASAN – Appellant
Versus
STATE REPRESENTED BY THE INSPECTOR OF POLICE – Respondent


Advocates:
Mr.M.Nagoor Moideen, Mr.A.Gopinath Government Advocate (Crl.Side)

ORDER

This Criminal Original Petition has been filed to quash the FIR in Crime No.450 of 2018 on the file of the respondent, registered for the offences under Sections 379, 430 , 294(b) , 353 and 506(i) of IPC , as against the petitioner.

2. Heard the learned counsel appearing on either side and perused the materials available on record.

3. The case of the prosecution is that on 13.08.2018, at about 7.00 a.m, the respondent was on patrol, when a sound was heard from the truck, which was found to be filled with lake sand. Subsequently, the respondent police registered an FIR in Crime No.450 of 2018 as against the petitioner and other accused persons for the offences under Sections 379, 430 , 294(b) , 353 and 506(i) of IPC . That apart, the petitioner was not present at the scene of occurrence and was studying at the time of alleged occurrence. Further, there is no witness to the occurrence. It shows that the FIR was registered as against the petitioner out of personal vengeance.

4. A perusal of the revenue records reveals that there is no lake at the alleged scene of occurrence and there is no river. It is only a lotus pond. Further, even as per the FIR, there were no obstructions for t

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