Crl.O.P.No.28686 of 2022

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.02.2023

CORAM

THE HONOURABLE MR.JUSTICE G.CHANDRASEKHARAN

Crl.O.P.No.28686 of 2022

and

Crl.M.P.No.17587 of 2022

M.Karthick

... Petitioner

vs

1.The State Rep by its

The Inspector of Police,

Rasipuram Police Station,

Rasipuram,

Namakkal District.

(Crime No.415/2022)

2.Kannan

The Sub-Inspector of Police,

Rasipuram Police Station,

Rasipuram,

Namakkal District.

... Respondents

Prayer : Criminal Original Petition has been filed under Section 482 of

Cr.P.C., to call for records connected with the FIR in Crime No.415 of

2022 pending on the file of respondent Police and quash the same.

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Crl.O.P.No.28686 of 2022

For Petitioner : Mr.S.Varanesh

For Respondents : Mr.S.Santhosh

Government Advocate (Crl.side)

O R D E R

The Criminal Original Petition has been filed to call for the records

connected with the F.I.R., in Crime No.415 of 2022 pending on the file of

respondent Police and quash the same.

2. The learned counsel for the petitioner submitted that even

assuming the entire allegation in the F.I.R., are true, there is no case made

out against the petitioner.

3. He would also submit that the petitioner is falsely implicated in

this case. In respect of his submission, he produced pendrive with a video

footage. He further submitted that the video footage in the pendrive would

show that the petitioner was taken from his house at about 5.30 a.m., on

01.11.2022. Therefore, petitioner could not have sold the banned lottery

tickets at the time, place and date mentioned in the F.I.R. Hence, the

learned counsel for the petitioner prays to quash the F.I.R., against the

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Crl.O.P.No.28686 of 2022

petitioner.

4. In response, the learned Government Advocate submitted that the

photo and the video footage would not clearly establish that the petitioner

was taken from his house at 5.30 a.m., on 01.11.2022. During search of

Police, the petitioner was selling the other States banned lottery tickets by

writing the lottery ticket numbers in the white paper and got money from

the public. The respondent police seized 5 such piece of white papers

containing lottery numbers and also sum of Rs.350/- from the petitioner

collected in connection with a sale of banned lottery tickets.

5. I have considered the submission of the learned counsel appearing

for the petitioner and the learned Government Advocate (Crl.Side)

appearing for the respondent police.

6. With regard to the claim of the petitioner that the petitioner was

taken from his house at 5.30 a.m., on 01.11.2022, this Court had also seen

the video footage provided for the purpose of viewing by this Court. The

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Crl.O.P.No.28686 of 2022

video footage is not clear and from the video footage we cannot come to a

conclusion that the petitioner was taken from his house.

7. On merits, this Court finds that the allegation against the

petitioner is that he sold other State lottery tickets by writing lottery

numbers in a piece of white papers and collected money from the public.

The piece of white papers containing banned other State lottery and

Rs.350/- were seized from the petitioner by the police. As of now, FIR

allegation revealed that commission of cognizable offence by the

petitioner. However, considering the submission of the learned counsel for

the petitioner that the petitioner was taken from his house and has video

recording in support of his claim, this Court directs the petitioner to

produce the video recording to the Investigation Officer. The Investigation

Officer is directed to conduct a fair investigation in this case after making a

Forensic study of the video recording. The Deputy Superintendent of

Police, Rasipuram is directed to super