Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2025 Supreme(Online)(Mad) 42846

IN THE HIGH COURT OF JUDICATURE AT MADRAS
P. Velmurugan, J
Delta Filling Point, Authorised dealer for Hindustan Petroleum Corporation Limited – Appellant
Versus
State represented by, The Inspector of Police, Civil Supplies CID, Kanchipuram – Respondent
Crl.O.P.No.18859 of 2025 | Crl.M.P.No.12676 of 2025

Advocates:
For the Appellants/Petitioners: Mr.T.S.Rajamohan
For the Respondents:Dr.C.E.Pratap Government Advocate (Crl.Side)

The court dismissed the petition to quash the FIR, allowing the complainant to pursue legal remedies.

Headnote:The Criminal Original Petition was filed under Section 528 of BNSS 2023 to quash F.I.R No.83 of 2014. The investigation was closed as a mistake of fact and presented before the Judicial Magistrate. The court dismissed the petition and closed the connected miscellaneous petition, granting the complainant liberty to seek remedy as per law.

Table of Content
1. filing and purpose of the criminal original petition. (Para 1 , 2)
2. court's observations regarding procedural adherence and investigation result. (Para 3 , 4)

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 08.07.2025 CORAM THE HON'BLE MR. JUSTICE P.VELMURUGAN Crl.O.P.No.18859 of 2025 and Crl.M.P.No.12676 of 2025 Delta Filling Point, Authorised dealer for Hindustan Petroleum Corporation Limited, A Government of India Enterprise, Rep. By its Proprietor N.Elansezhiyan R.S.No.141/1, PT, T.V.Koil, Whirpool Road, Kothapuri Natham, Puducherry- 605 102. ... Petitioner Vs

1. State represented by, The Inspector of Police, Civil Supplies CID, Kanchipuram, Kanchipuram District.

2. Hindustan Petroleum Corporation Limited, Trichy Retail Regional Office, No.90, Second Floor, MDSR Enclave, Bharathidasan Road, Contonment, Trichy – 620 001. ... Respondents PRAYER: Criminal Original Petition filed under Section 528 of BNSS 2023, to call for the records in F.I.R No.83 of 2014 dated 19.7.2014 pending on the file of the Inspector of Police, Civil Supplies CID, Kanchipuram, Kanchipuram District and to quash the same.

For Petitioner : Mr.T.S.Rajamohan For R1 : Dr.C.E.Pratap Government Advocate (Crl.Side)

O R D E R

This Criminal Original Petition has been filed to call for the records in F.I.R No.83 of 2014 dated 19.7.2014 pending on the file of the Inspector of Police, Civil Supplies CID, Kanchipuram, Kanchipuram District and to quash the same.

2. Heard the learned counsel appearing for the petitioner and the learned Government Advocate (Crl.Side) appearing for the first respondent-Police and perused the materials available on record.

3. Since no adverse order is being passed as against the second respondent, notice to the second respondent is dispensed with.

4. The learned Government Advocate (Crl.Side) appearing for the respondent-Police submitted that, after completion of investigation, case was also closed as mistake of fact vide RCS No.2529 of 2025 and the same has been filed before the learned Judicial Magistrate No.I, Kanchipuram.

' 5. In view of the above, this Criminal Original Petition is dismissed. Consequently, connected miscellaneous petition is closed.

However, the de-facto complainant is at liberty to work out his remedy in the manner known to law.

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