Allowed¶29

Murugan v. the Inspector of Police

Madras HC26 Mar 2026CRL OP/7789/2023

Case brief

AI extract

What is this about?

Quashing of FIR under Section 482 Cr.P.C; implication of second accused solely on confession of co-accused; first accused alone found in possession of banned tobacco products (Hans, Vimal, Swagat, Cool lip, MS Cented Tobacco); offences under Sections 353, 506(I), 328 IPC and Section 24(1) Cigarette and other Tobacco Products Act, 2003; Crime No.223 of 2023, E-5 Sholavaram Police Station, Chennai; petitioner runs Murugan Store, Karanodai; no evidence to proceed against petitioner; petition allowed.

What did the court decide?

Quashing of the FIR in Crime No.223 of 2023 dated 16.03.2023 pending on the file of the first respondent, The Inspector of Police, E-5, Sholavaram Police Station, Sholavaram, Chennai, against the petitioner/Accused-2. ¶29

Murugan Vs the Inspector of Police — Madras HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the FIR in Crime No.223 of 2023 dated 16.03.2023 is sustainable against the petitioner/Accused-2, who was implicated solely on the basis of the confession statement of the first accused, and whether it should be quashed under Section 482 Cr.P.C.

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Court's answer

The FIR was registered against the second accused/petitioner only on the basis of the confession statement of the first accused; except that statement, no records were made against the petitioner, who was implicated only because he was involved in similar type of offence.

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Ratio / Principle

The first accused alone was found in possession of the tobacco products and the petitioner (second accused) was not even present along with him; the case was registered against the petitioner only on the statement of the first accused.

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Key takeaways

There is no evidence made to proceed with the investigation against the petitioner.ratio¶25
The FIR cannot be sustained against the petitioner; accordingly, the FIR in Crime No.223 of 2023 dated 16.03.2023 pending on the file of the first respondent is quashed and the Criminal Original Petition is allowed.ratio¶29

Detailed headnote1 paragraphs

Madras High Court (G.K.ILANTHIRAIYAN, J.) allowed a petition under Section 482 Cr.P.C and quashed the FIR in Crime No.223 of 2023 dated 16.03.2023 (offences under Sections 353, 506(I), 328 IPC and Section 24(1) of the Cigarette and other Tobacco Products Act, 2003) against the petitioner/Accused-2, a grocer running 'Murugan Store', Karanodai, Chennai. The only material against the petitioner was the confession of the first accused (one Purushotamanm), who alone was found in possession of banned tobacco products; apart from that statement no records existed against the petitioner, who was not present when the first accused was found in possession, and the court held there was no evidence to proceed with the investigation against him.

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Crl.O.P.No.7789 of 2023

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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Dated: 26.03.2026

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CORAM

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THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN

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Crl.O.P.No.7789 of 2023

Murugan S/o Chandran

... Petitioner

Vs.

State rep by its The Inspector of Police, E-5 Sholavaram Police Station, Sholavaram, Chennai-67 Crime No.223 of 2023

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Raji ... Respondents

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Prayer : Criminal Original Petition is filed under Section 482 of Cr.P.C to call for the entire records comprised in FIR in Crime No.223 of 2023 dated 16.03.2023 pending on the file of the first respondent, The Inspector of Police, E-5, Sholavaram Police Station, Sholavaram, Chennai and quash the same against the petitioner/Accused-2 and pass orders.

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For Petitioner : Ms.C.Anju Kawar for Mr.M.Vimal Bobby Crimson For Respondent : Mr.L. Baskaran, Govt Advocate

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Page 1 of 5

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

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Crl.O.P.No.7789 of 2023

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O R D E R

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This Criminal Original Petition is filed to quash the F.I.R dated 16.03.2023 registered for the offences under Sections 353,506(I),328 of I.P.C and under section 24(1) of Cigarette and other Tobacco Products Act, 2003.

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The case of the prosecution is that on 16.03.2023 at about 14:30

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hours, when the respondent received a secret information from the complainant that a person standing 50 meters away from the Govt Higher Secondary School, Alamathi and seeing the patrol police he manged to escape and on enquiry found that he is in possession of banned Tobacco products a. Hans 10 bags. b. Vimal 8 gunny bag c. Swagat-2 bags, d. Cool lip 3 gunny bags e. MS Cented Tobacco 10 box. f. Cool lip 48 small box. On enquiry it is found that his name is Purushotamanm and he confessed that he purchased the above produces from the petitioner who is running a grocery store under the name and style of Murugan Store Karanodai, Chennai.

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Page 2 of 5

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

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Crl.O.P.No.7789 of 2023

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Thereafter, the first respondent registered the F.I.R in Crime No. 223 of 2023 for the offences under Section 353, 506(I), 328 of IPC and under Section 24(1) of Cigarette and other tobacco products Act, 2003. On perusal of the records and also the submission made by either side reveals that the F.I.R got registered as against the second accused/petitioner only on the basis of the confession statement recorded from the first accused. Even according to the respondent the first accused was found in possession of Tobacco products and he stated that the said tobacco products was purchased from the second accused. Except the said statement no records were made against the second accused/petitioner and he has been implicated in the case only for the reason that he involved in similar type of offence.

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Admittedly the first accused alone was found in possession of tobacco products and the second accused/ petitioner was not even present along with the second accused. Only on the basis of the statement recorded from the first accused the first respondent registered a case against the petitioner. Therefore, no evidence is made to proceed with the investigation against the petitioner.

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Page 3 of 5

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

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Crl.O.P.No.7789 of 2023

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In view of the above FIR cannot be sustained against the petitioner. Hence, the FIR in Crime No.223 of 2023 dated 16.03.2023 pending on the file of the first respondent, The Inspector of Police, E-5, Sholavaram Police Station, Sholavaram, Chennai is quashed. Accordingly this petition is allowed.

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26.03.2026

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Index: Yes/No Internet: Yes/No Speaking/Non-Speaking order smn

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To.

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