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2024 Supreme(Online)(MAD) 40763

HIGH COURT OF MADRAS
Hon`ble Dr Justice G. JAYACHANDRAN
C.NAGARAJAN – Appellant
Versus
Home Prohibition and Excise – Respondent


O R D E R

This petition is filed to quash the final report which is culminated in taking cognizance in C.C.No.75 of 2023 on the file of Additional Mahila court, Thiruvannamalai for offence under Section 294(b), 352, 427 and 506(1)

of I.P.C.

2. The Learned Counsel for the petitioners submit that even if the statement of witnesses are interested witnesses, it has to be taken as true and proved, for want of recovery of the alleged material removed and substantive evidence to satisfy the ingredient of offences under Section 352 and 427 of I.P.C., are not available and therefore, the complaint is liable to be quashed.

3. The Learned Counsel for the petitioners submit that there are certain contradictions between the F.I.R and the statements. There is no material evidence such as the property (stone) damaged or removed, the value of the property and recovery of it. He would further submit that while the petitioners in possession of the property under a valid document, to grab the same, the complaint been orchestrated and therefore, has to be quashed.

4. The Learned Government Advocate (Crl.Side) for the 1st respondent submits that the Investigating Officer has not recovered the material objec

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