IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated: 11.01.2022

Coram:

THE HONOURABLE MR. JUSTICE V.BHARATHIDASAN

Criminal Original Petition No.23397 of 2016

and

Crl.M.P.No.10938 of 2016

Ari Devi

.. Petitioner/Accused

/versus/

State rep.by

the Inspector of Police,

PEW Thindivanam Police Station,

Villupuram District,

Crime No.373 of 2014

..Respondent/Complainant

Prayer:

Criminal Original Petition has been filed under Section

482 of the Criminal Procedure Code praying to call for the

records in the charge sheet filed in C.C.No.362 of 2015 on the

file of the Judicial Magistrate-I, Tindivanam and quash the same

as illegal.

For Petitioner : Mr.S.K.Gandhi Kumar

For Respondent : Mr.C.E.Pratap

Government Advocate (Crl.side)

O R D E R

(This case has been heard through Video Conferencing)

This Criminal Original Petition has been filed to quash the

criminal proceedings in C.C.No.362 of 2015, pending on the file

of the Judicial Magistrate-I, Tindivanam.

2.Totally, there are two accused involved in this case. The

petitioner is arrayed as A2 and he stood charges for the

offences under Sections 420, 468, 471 of IPC and 4 (1-A), 4(1)

(A) of T.N.P Act.

3.The case of the prosecution is that, on 17.12.2014, at

about 08.30 p.m., while the respondent police are in the vehicle

inspection, they intercepted a two wheeler bearing Reg.No.PY 01

BM 9387, which was driven by A1. When the respondent police

intercepted the vehicle, A1 escaped and left the vehicle in

https://hcservices.ecourts.gov.in/hcservices/

front of one Ranganathan house at Kanniya Nagar, and absconded.

While searching the two wheeler, they found 25 liters of illicit

arrack and also Indian made foreign liquor bottles, which are

being transported from Pondicherry, without any license. Since

the person, who has driven the vehicle, absconded. On enquiry,

they found that the petitioner, who is arrayed as A2, is the

owner of the two wheeler. Hence, First Information Report was

registered for the aforesaid offences against the petitioner.

After investigation, a final report has been filed before the

trial Court.

The learned Judicial Magistrate has taken

cognizance of the offences and issued summons to the accused

persons. To quash the charge sheet, the present Criminal

Original Petition has been filed.

4.The learned counsel appearing for the petitioner submitted

that, admittedly, the two wheeler and the contraband said to

have seized from an unknown place. Further submitted that there

is no materials available on record to show that the petitioner

is the owner of the two wheeler and to that effect, the

registration certificate of the vehicle was not produced and the

concerned Regional Transport Officer was not examined by the

police. Only based on the hearsay statement, the petitioner has

been falsely implicated in this crime. Absolutely, there is no

materials available on record to make out the prima faice case

against the petitioner. Hence, the criminal proceedings is

liable to be quashed.

5.The learned Government Advocate(Crl.Side) submitted that

illicit arrack along with Indian made Foreign Liquor have been

transported from Pondicherry, without proper licence. When the

respondent Police intercepted a two wheeler, A1 who driven the

two wheeler escaped from the police and abandoned the vehicle.

Subsequently, on investigation, it is revealed that A1 has

transported the contraband and A2 is the owner of the vehicle

and both of them have been implicated in this case and a prima

faice case is made against the petitioners. Therefore, there is

no reason to quash the criminal proceedings against the

petitioner.

6.Heard both sides and perused the materials on records.

7.The petitioner is arrayed as A2, the allegation against

the petitioner is that he is the owner of a two wheeler, in

which the contraband said to have been transported by A1. From

the recor