Sethu vs The State Of Tamil Nadu ...
2022 Latest Caselaw 8692 Mad

                                                                 1

                                     BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                         DATED: 25.04.2022

                                                             CORAM:

                                     THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN

                                                Rev.Application (MD) No.36 of 2022

                     Sethu                                                             ...Petitioner

                                                                     Vs.


                     1. The State of Tamil Nadu represented
                        by its Home Secretary,
                        St.George Fort,
                        Chennai.

                     2. The Inspector of Police,
                        Allinagaram,
                        Theni District.

                     3. The Inspector of Police,
                        Prohibition and Enforcement Wing,
                        Theni District.                                                ...Respondents


                     PRAYER: Review application filed under Order 47 Rule 1 and 2 of the Code
                     of Civil Procedure r/w.Section 114 of Code of Civil Procedure to review the
                     order in W.P.(MD) No.11478 of 2021 dated 18.03.2022 passed by this Hon'ble
                     Court.


                                        For Petitioner      : Mr.S.Jayavel

                                                            ORDER

This review application has been filed to review the order in W.P.(MD)

No.11478 of 2021 dated 18.03.2022 passed by this Court. https://www.mhc.tn.gov.in/judis

2. This Court dismissed the writ petition on the ground that the

petitioner has already filed a petition to quash the First Information Report

and the vehicle involved in the crime was also returned to the petitioner and

therefore the compensation sought for in the writ petition cannot be

considered at this stage while pending investigation.

3. The learned Counsel for the review applicant submits that this Court

has power to entertain a writ petition seeking to quash the F.I.R., in exercise

of jurisdiction under Article 226 of the Constitution of India and in support of

the same, he placed reliance on the judgment of the Honourable Supreme

Court in Kapil Agarwal and others v. Sanjay and others reported in

Livelaw 2021 SC 123. He further submits that since the total amount of

IMFL (TASMAC) does not exceed 9 litres as prescribed by the Tamil Nadu

(Possession of Liquor for Personal Use), Rules, 1999, this Court has got

jurisdiction to quash the F.I.R., and therefore, he prays to review the order

passed by this Court.

4. Heard the learned Counsel for the review applicant and perused the

materials available on record.

https://www.mhc.tn.gov.in/judis

5. This Court finds no apparent error in the order passed by this Court.

6. In the result, the Review Application stands dismissed. No costs.

25.04.2022

Internet:Yes/No Index:Yes/No Speaking/Non speaking order aav

To

1. The Home Secretary, State of Tamil Nadu St.George Fort, Chennai.

2. The Inspector of Police, Allinagaram, Theni District.

3. The Inspector of Police, Prohibition and Enforcement Wing, Theni District.

4. The Additional Public Prosecutor Madurai Bench of Madras High Court

https://www.mhc.tn.gov.in/judis

G.K.ILANTHIRAIYAN.J.,

aav

Rev.Application (MD) No.36 of 2022

25.04.2022

https://www.mhc.tn.gov.in/judis