Madras High Court
S.Arumugam vs The State Represented By on 23 June, 2023
Crl.O.P.(MD)No.11263 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED:23.06.2023
CORAM
THE HON'BLE MR.JUSTICE G.ILANGOVAN
Crl.O.P.(MD)No.11263 of 2023
and
Crl.M.P.(MD)No.8909 of 2023
S.Arumugam ... Petitioner / Sole Accused
Vs.
The State represented by
The Inspector of Police,
Tirunelveli Police Station,
Tirunelveli Town. ... Respondent / Complainant
PRAYER : Criminal Original Petition filed under Section 482 of
Criminal Procedure Code, to call for the records pertaining to the case in
C.C.No.711 of 2023, before the file of the Judicial Magistrate No.IV,
Tirunelveli and to quash the same.
For Petitioner : Mr.N.Marimuthu
For Respondent : Mr.B.Nambiselvan
Additional Public Prosecutor
1/6
https://www.mhc.tn.gov.in/judis
Crl.O.P.(MD)No.11263 of 2023
ORDER
This Criminal Original Petition has been filed, invoking
Section 482 Cr.P.C., seeking orders to quash the proceedings in C.C.
No.711 of 2023, before the file of the Judicial Magistrate No.IV,
Tirunelveli.
2. The case of the prosecution is that on 19.01.2023 at about
3.00 pm, the accused person was found in possession of the fire crackers
worth about 1,20,000/-, without proper permission. On the above said
complaint, a case in Crime No.12 of 2023, under Section 9(B)(1)(b) of
the Indian Explosives Act, 1884, was registered and after investigation,
charge sheet was filed and the same was taken on file as C.C.No.711 of
2023, before the file of the Judicial Magistrate No.IV, Tirunelveli.
3. Seeking quashment of the same, this petition has been
filed by the petitioner, on the sole ground that on the date of alleged
occurrence, the renewal application for the licence was pending with the
competent authority. So, according to him, without noticing the above,
the said investigation has been undertaken. He would rely upon a similar
order that was passed by this Court in Crl.O.P.(MD)No.15277 of 2019,
https://www.mhc.tn.gov.in/judis
Crl.O.P.(MD)No.11263 of 2023
dated 28.04.2022. So, in the above said case, it was alleged that this
petitioner, on 12.04.2019, at about 2.00 pm., found in possession of fire
crackers worth about 2,00,000/-, without any proper licence. So far as
this fact is concerned, it is stated that on 07.01.2023 he was found in
possession of fire crackers, without any proper licence. The above said
case was decided on the ground that as per provision of the Indian
Explosives Rules, 2008, renewal application must be submitted on or
before the date of expiry of licence. In the above said application was
filed within a month stipulated. Until the order is made by the licensing
authority, the renewal would be deemed to be in force. The petitioner
wants to draw anology by this judgment to the present facts also.
4. Now, will see whether the renewal application was filed
by this petitioner before the expiry date. The document which is
enclosed along with the petition shows that periodically licence was
extended. Last endorsement is dated 07.02.2021, shows that the licence
period is extended for one year from 29.03.2021 to 31.03.2022. The
order of the Commissioner of Police, Tirunelveli, is also available, dated
29.06.2021, for 2022 to 2023 year, he has remitted require fees, on
07.02.2022, which is much before the date of expiry of licence as
mentioned above. He also submitted the application on 11.02.2022,
https://www.mhc.tn.gov.in/judis
Crl.O.P.(MD)No.11263 of 2023
seeking renewal of licence from 01.04.2022 to 31.03.2023. But, having
received the fee, it is seen that it was kept pending, without any proper
order. Why the proper order was not passed is not clear on record.
Having received the application and the required fee, the Commissioner
of Police ought to have passed the order immediately. So, in view of the
above said provision and continuation of presence of amount is abuse of
process of the Court. On that ground, the petition is allowed and the
proceedings in C.C. No.711 of 2023, before the file of the Judicial
Magistrate No.IV, Tirunelveli, is hereby set aside. Consequently,
connected Miscellaneous Petition is closed.
23.06.2023
NCC : Yes / No
Index : Yes / No
Internet : Yes / No
Ls
To
1.The Judicial Magistrate No.IV,
Tirunelveli.
2.The Inspector of Police,
Tirunelveli Police Station,
Tirunelveli Town.
3.The Additional Public Prosecutor,
Madurai Bench of Madras High Court,
Madurai.
https://www.mhc.tn.gov.in/judis
Crl.O.P.(MD)No.11263 of 2023
https://www.mhc.tn.gov.in/judis
Crl.O.P.(MD)No.11263 of 2023
G.ILANGOVAN,J.
Ls
Order made in
Crl.O.P.(MD)No.11263 of 2023
Dated: 23.06.2023
https://www.mhc.tn.gov.in/judis
