Filing a false FIR motivated by vengeance can lead to quashing of proceedings when lacking evidence.

ORDER

This Criminal Original Petition has been filed to quash the FIR in Crime No.719 of 2024 on the file of the first respondent.

2. Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.side) for the first respondent and perused the materials placed on record.

3. On the complaint lodged by the second respondent, the first respondent registered FIR in Crime No.719 of 2024 for the offences punishable under Sections 294(b), 386 and 506(2) of IPC alleging that the second respondent is doing construction and demolition work under contract basis in an around Chennai. While being so, the accused persons A5 to A8 used to visit the second respondent very often to extract money as per the instructions and aids of the first accused. In the month of January, 2003, A5, A7 and A9 visited the second respondent and demanded a sum of Rs.20 Lakhs. They had also handed over the mobile phone to him and through the phone, the first accused threatened him with dire consequences and to pay a sum of Rs.1 Lakh per month as mamool, failing which he will not do the business in Chennai. Accordingly, they received Mamool for five months. Due to financial crisis, when the second respondent stopped paying mamool, the accused 5, 7 and 9 visited and demanded mamool from the second respondent once again. Further, other accused persons also met the second respondent and informed that they are the men of one Esa @ Eswaran and one Eli @ Eliyuvaraj and demanded mamool. When the second respondent refused to pay mamool, they threatened him at knife point. They had also shown deadly weapons and threatened him with dire consequences. Hence, the complaint.

4. The learned counsel for the petitioner submitted that the petitioner is arrayed as A5. He is an Advocate and practicing in various Courts at Chennai. While being so, there was a brutal murder committed by unruly persons of one Armstrong, who is the President of a political party in Tamil Nadu, on 05.07.2024. Pursuant to the said murder, the Inspector of Police, K-1 Sembium Police Station, Chennai had registered FIR in Crime No.293 of 2024 for the offences punishable under Sections 191(2), 191(3), 18(1), 103, 351(3) of BNS read with Section 61(2) of BNS. In order to secure the accused, a special team was formed and proceeded with the investigation. While being so, on 21.07.2024, the petitioner was forcibly taken under the guise of enquiry. Thereafter, he was released from their illegal custody after receipt of signature and also seized his mobile phone for the purpose of scrutiny and clarification. Thereafter, the petitioner was called for enquiry on 22.07.2024. During the enquiry, they have found that the petitioner had no role in connection with the murder case. For the occurrence taken place in the month of January, 2023 that too without any specific overtact as against the petitioner, his name has been included as A5 in Crime No.719 of 2024, on the file of the first respondent. Pursuant to the said FIR, the petitioner was arrested and remanded to judicial custody and subsequently, he was enlarged on bail.

5. He further submitted that there is absolutely no date of occurrence, place of occurrence and the mode of occurrence in order to implicate the petitioner as accused. The present FIR is nothing but clear abuse of process of law. In fact, one of the accused by name Mottai Krishna was also wanted for investigation in the murder case of the said Armstrong. On the date of registration of FIR, on 22.07.2024, the said person was not even available in Chennai and he was in Thailand, as per the confession statement of one of the accused in the murder case of the said Armstrong. Therefore, it is a clear case of false one and in order to wreck vengeance as against the accused, the petitioner has been falsely implicated in this case. There is absolutely no other case is pending as against the