G.Navarathinavel vs The State Represented By
2023 Latest Caselaw 4606 Mad

                                                                         Crl.O.P(MD)No.11745 of 2021


                        BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                   DATED: 21.04.2023

                                                       CORAM:

                                  THE HON'BLE MR JUSTICE K.K.RAMAKRISHNAN

                                          Crl.O.P(MD)No.11745 of 2021
                                                     and
                                          Crl.M.P(MD)No.6010 of 2021

                     G.Navarathinavel                               .. Petitioner/Accused No.2

                                                          Vs.


                     1. The State represented by,
                        The Inspector of Police,
                        Theni Police Station,
                        Theni District.
                        (Cr.No.3457 of 2020)                    .. 1st Respondent/Complainant

                     2. Mrs.Latha
                        Sub-Inspector of Police,
                        Theni Police Station,
                        Theni District.                         .. 2nd Respondent/ Defacto
                                                                           Complainant

                     PRAYER: Criminal Original Petition filed under Section 482 of the Code
                     of Criminal Procedure, to call for the and quash the FIR in Cr.No.3457
                     of 2020 on the file of the 1st respondent for the offences as u/s.6(b), 7(5),

                     1/6


https://www.mhc.tn.gov.in/judis
                                                                           Crl.O.P(MD)No.11745 of 2021


                     20(2), 24(1) of Cigarette and Other Tobacco Products Act, 2003 and Sec.
                     269 of IPC and Sec.3 of Epidemic Diseases Act, Sec.51 of the Disaster
                     Management Act insofar as the petitioner/Accused No.2 is concerned.
                                     For Petitioner     : Ms.A.Arul Jenifer

                                     For Respondents    : Mr.M.Muthumanikkam,
                                                          Government Advocate(Criminal Side)

                                                           ORDER

The petitioner/ Accused No.2 has filed this petition to quash the

FIR in Crime No.3457 of 2020 on the file of the 1st respondent police,

wherein he is said to have committed the offences under Sections 6(b),

7(5), 20(2), 24(1) of Cigarette and Other Tobacco Products Act, 2003

and Section 269 of IPC and Section 3 of the Epidemic Diseases Act,

Section 51 of the Disaster Management Act.

2. Pending this Criminal Original Petition, the respondent police

has completed the investigation and filed final report before the

jurisdictional Magistrate and the same was taken on file in S.T.C.No.752

of 2023 by the learned Judicial Magistrate, Theni. As per the judgment of

the Hon'ble Supreme Court reported in AIR2019SC210, [Anand Kumar

https://www.mhc.tn.gov.in/judis Crl.O.P(MD)No.11745 of 2021

Mohatta v. State (NCT of Delhi)] eventhough final report filed and

taken on file during the pendency of the petition to quash the FIR, after

perusing the CD file, if the offence is not made out, this Court has power

to exercise its extraordinary jurisdiction under Section 482 Cr.P.C. So,

this Court amends the prayer of this petition 'from quash the Crime No.

3457/2023 into quash the STC.No.752/2023 on the file of the learned

Judicial Magistrate, Theni.'

3.The case of the prosecution is that on 20.08.2020, A1-shop owner

of a petty shop situated at Theni Edamal Street having possession of

banned Tobacco products and A1 was arrested and recovery mahazer was

prepared and all the banned goods were recovered. In his confession

statement, he stated that he purchased the said Tobacco products from A2.

With the said specific allegation, the investigation was completed and

final report was field by the respondent police. During the investigation,

the respondent police did not collect any materials to substantiate the

allegation made in the FIR that A1 was purchased the banned Tobacco

products from A2. As on date, even as per the FIR and document annexed

https://www.mhc.tn.gov.in/judis Crl.O.P(MD)No.11745 of 2021

with final report, only the confession of A1 is available to implead A2 in

this case. As per the judgment of the Hon'ble Supreme Court reported in

2021(4)SCC1 [Tofan Singh v. State of T.N.,], the prosecution only on

the basis of the co-accused's confession is not maintainable. Hence, this

Court upon perusal of the materials produced along with the FIR found

that there is no sufficient materials to punish the petitioner herein/A2 for

the offences as stated supra.

4. In the result, this Criminal Original Petition is allowed and

STC.No.752/2023 on the file of the learned Judicial Magistrate, Theni, is

quashed as against the petitioner herein/A2 alone. Consequently,

connected miscellaneous petition is closed.

21.04.2023

NCC : Yes/No Internet: Yes/No Index : Yes/No PJL

https://www.mhc.tn.gov.in/judis Crl.O.P(MD)No.11745 of 2021

To

1.The Judicial Magistrate, Theni, Theni District.

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

3.The Sub-Inspector of Police, Theni Police Station, Theni District.

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

https://www.mhc.tn.gov.in/judis Crl.O.P(MD)No.11745 of 2021

K.K.RAMAKRISHNAN,J.

PJL

Crl.OP(MD)No.11745 of 2021and Crl.M.P(MD)No.6010 of 2021

21.04.2023

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