Allowed

Sagar, S/O. K.P. Sivaprakash, v. State Inspector of Police

Madras HC22 Jun 2016CRL OP/9984/2016

Case brief

AI extract

What is this about?

The High Court of Madras quashed the First Information Report (FIR) against the petitioner in a Police Booth case. The court held that prosecuting the petitioner, who was only found driving while intoxicated and did not assault police, constituted an abuse of process of law, especially as he was already penalized separately for drunken driving.

What did the court decide?

The FIR against the petitioner (A2) alone in Crime No.1331 of 2015 is quashed.

Sagar, S/O. K.P. Sivaprakash, Vs State Inspector of Police — Quashing and FIR | Madras HC (2016)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 22.06.2016

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CORAM:

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THE HON'BLE MR.JUSTICE P.N.PRAKASH

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Crl.O.P. No.9984 of 2016
and
Crl.M.P. No.5290 of 2016
Sagar ... Petitioner
Vs
1. State: Inspector of Police (L & O)
K3- Aminjikarai Police Station
Chennai
2. S. Sekar ... Respondents
Criminal Original Petition filed under Section 482
Cr.P.C., to call for and quash the F.I.R. in Crime No.1331 of
2015 on the file of the first respondent.
For petitioners : M/s. T.K.S. Gandhi & M. Arun
For R1 : Mr. C. Emalias,
Additional Public Prosecutor
ORDER

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This Criminal Original Petition has been filed to quash the F.I.R. in Crime No.1331 of 2015, pending on the file of the first respondent.

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On the complaint lodged by Mr. Sekar, Inspector of Police (Traffic), the first respondent police registered a case in Crime No.1331/2015 on 05.09.2015 under Sections 253, 294(b) and 506(I), IPC and Sections 3 and 4 of the Tamil Nadu Public Property (Prevention of Damage and Loss) Act, 1992 against Riyaz Safar and Sagar (A2).

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It is the case of the prosecution that on 04.09.2015, around 10 p.m., the police found a vehicle bearing Registration No.TN 01 AM 7402 being driven in a reckless manner, seeing which, people around ran helter-skelter. The police intercepted the vehicle and found that the driver was https://hcservices.ecourts.gov.in/hcservices/ one Sagar (A2) who was in an inebriated condition. One Riyaz

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Safar (A1) who was accompanying Sagar (A2), started abusing the police and attacking them. Hence, both of them were apprehended and on the complaint given by Sekar, Inspector of Police (Traffic), the aforestated FIR was registered.

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From a reading of the FIR and even according to the police, this petitioner was on the wheel, but, in drunker stupor and that he did not join Riyaz Safar, either in assaulting the police or causing damage to the police booth. The Motor Vehicle Wing of the police filed a separate challan against this petitioner, in NMPC No.37430 of 2015, for an offence under Section 185 of the Motor Vehicles Act for drunken driving. The petitioner pleaded guilty and also paid a fine of Rs.2,000/- in NMPC No.37430 of 2015 on 21.06.2016.

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In view of the above, this Court is of the view that the prosecution as against this petitioner in Crime No.1331 of 2015 is an abuse of process of law and accordingly, the FIR as against the petitioner (A2) alone in Cr.No.1331 of 2015 on the file of the Inspector of Police, K-3, Aminjikarai Police Station, Chennai is hereby quashed and this Criminal Original Petition is allowed.

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Sd/-
Assistant Registrar(CS VI)
//True Copy//
Sub Assistant Registrar
cad
To
1. The Inspector of Police (L & O)
K3 - Aminjikarai Police Station,
Chennai.
2. The Public Prosecutor
High Court, Madras.
+1cc to Mr.T.K.S. Gandhi, Advocate, S.R.No.34649
Crl.OP No.9984 of 2016

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NRJK(CO) CA(01/07/2016)

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

Sagar, S/O. K.P. Sivaprakash, v. State Inspector of Police

Case brief

What is this about?

What did the court decide?

Sagar, S/O. K.P. Sivaprakash, v. State Inspector of Police

Case brief

What is this about?

What did the court decide?

What the court decided

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