Madras High Court
C.Murugesan vs The Inspector Of Police on 28 June, 2021
Crl.O.P(MD)No.6252 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED :28.06.2021
CORAM
THE HONOURABLE MR.JUSTICE G.ILANGOVAN
Crl.O.P(MD)No.6252 of 2021
C.Murugesan
S/o.P.Chidhamparam ... Petitioner
Vs.
1.The Inspector of Police,
Prohibition Enforcement Wing Pattukottai Police Station,
Thanjavur District.
(Crime No.199 of 2017)
2.The District Manager,
Tamil Nadu State Marketing Corporation Limited,
Thanjavur District. ... Respondents
PRAYER: Criminal Original Petition filed under Section 482 of Criminal
Procedure Code, to call for the records in F.I.R.No.199 of 2017 on the file of
the first respondent and quash the same.
For Petitioner : Mr.S.Kumar
For Respondents : Mr.R.M.Anbunithi
Additional Public Prosecutor for R1
Mr.H.Arumugam for R2
ORDER
This Criminal Original Petition has been filed to call for the records in
F.I.R.No.199 of 2017 on the file of the first respondent and quash the same.
https://www.mhc.tn.gov.in/judis/
Crl.O.P(MD)No.6252 of 2021
2.On 04.04.2017 at about 12.15 P.M a special squad under the head of
Deputy Collector conducted the surprise inspection at Tasmac shop No.7863,
Pattukottai Taluk. During the course of inspection it was found that the
petitioner and the other accused mixed the water with liquor. Based on the
compliant given by the Specials squad and the Deputy Collector the Crime No.
199 of 2017 has been registered for the offence under Sections 4(1)(a) and 24A
of Tamil Nadu Prohibition Act.
3.The grievances of the petitioner is that punishment of 4(1)a of the
Tamil Nadu Prohinition Act is three months and fine for a sum of Rs.1,000/-
and Section 468 of Cr.P.C bars the taking cognizance after lapse of period of
Limitation. Section 24(a) is punishable with 3 years imprisonment with fine
amount of Rs.3,000/-.
4.The learned Additional Public prosecutor submitted that there was no
proper instruction from the respondent herein.
5.The copy application filed by the petitioner before the learned Judicial
Magistrate, Pattukottai, seeking for copy of the final report in Crime No. 199 of
https://www.mhc.tn.gov.in/judis/
Crl.O.P(MD)No.6252 of 2021
2017 and the same was returned on 23.03.2021, stating that no final report was
filed by the Investigation Officer.
6.It is seen that no report was presented by the respondent police before
the concerned Court. In such circumstances, the learned counsel for the
petitioner has relied upon the judgments, which is passed by this Court in
Crl.O.P(MD).No.13226 of 2020 and Crl.M.P.(MD).No.6064 of 2020 dated
27.11.2020, where in the FIR was quashed on the point of limitation. It is
further seen that no petition is filed seeking extension of time.
7.In view of the above judgment, the petitioner is entitled to succeed.
Accordingly, the impugned FIR in Crime No. 199 of 2017 is quashed are the
Criminal Original Petition is stands allowed.
28.06.2021
Index:Yes/No
Internet:Yes/No
tta
Note:(i) In view of the present lock down owing
to COVID-19 pandemic, a web copy of the order
may be utilized for official purposes, but, ensuring
that the copy of the order that is presented is the
correct copy, shall be the responsibility of the
advocate/litigant concerned.
https://www.mhc.tn.gov.in/judis/
Crl.O.P(MD)No.6252 of 2021
G.ILANGOVAN. J.
tta
To:
1.The Inspector of Police,
Prohibition Enforcement Wing Pattukottai Police Station,
Thanjavur District.
2.The District Manager,
Tamil Nadu State Marketing Corporation Limited,
Thanjavur District.
Crl.O.P(MD)No.6252 of 2021
28.06.2021
https://www.mhc.tn.gov.in/judis/
