The High Court of Madras examined a petition under Section 482 Cr.P.C. seeking to quash an FIR regarding alleged illegal extraction of gravel sand under Section 379 IPC and the Mines and Minerals Act. Finding the investigation preliminary, the court dismissed the petition.
The Criminal Original Petition was dismissed; investigation to continue.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Crl.O.P.No.19609 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 05.01.2024
CORAM
THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI
Crl.O.P.No.19609 of 2022
and
Crl.M.P.No.12906 of 2022
1.Boopathy 2.Ashok 3.R.Manimaran @ R.Mahavishnu
... Petitioners
Vs.
1.State Rep. by its The Sub Inspector of Police, Thoppur Police Station, Dharmapuri District. Crime No.172 of 2022
Prayer: Criminal Original Petition filed under Section 482 of Cr.P.C., praying to call for the records and to quash the FIR in Crime No.172 of 2022, pending investigation on the file of the 1st respondent.
For Petitioners :Mr.T.Sai Krishnan For R1 :Mr.S.Vinoth Kumar Government Advocate (Crl.Side)
Crl.O.P.No.19609 of 2022
O R D E R
The petitioners have filed this petition to quash the FIR in Crime No.172 of 2022 pending investigation on the file of the 1st respondent, for the offences under Sections 379 of IPC and Section 21(1) of the Mines and Minerals (Development and Regulation) Act, 1957, as against the petitioners.
petitioners are innocent persons and they were no way connected with the
Crl.O.P.No.19609 of 2022
alleged occurrences and a false complaint has been foisted against them. Hence, he prays to quash the proceedings in Crime No.172 of 2022.
Crl.O.P.No.19609 of 2022
T.V.THAMILSELVI, J.
rri
Consequently, connected miscellaneous petition is closed.
05.01.2024
Index: Yes/ No Neutral Citation: Yes/No rri
To
Crl.O.P.No.19609 of 2022 and Crl.M.P.No.12906 of 2022
3 issues framed by the court
Whether the Criminal Original Petition seeking quashing of the First Information Report should be allowed given the preliminary stage of investigation.
Whether the investigation into alleged offences under Sections 379 of IPC and Section 21(1) of the Mines and Minerals (Development and Regulation) Act needs detailed inquiry before quashing.
Whether the allegations of illegal removal of gravel sand without a valid licence justify dismissal of the petition for quashing.
3 provisions across 3 enactments
Boopathy
Ashok
R.Manimaran @ R.Mahavishnu
State Rep. by its The Sub Inspector of Police, Thoppur Police Station, Dharmapuri District
The Tahsildar (Revenue) Nallampalli Taluk, Dharmapuri District
T.V.Thamilselvi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
T.V.Thamilselvi
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