CRL OP/10708/2026 of Krishnakumar Vs The State of Tamilnadu rep.by,

CRL.O.P.No.10708 of 2026 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 28.04.2026 CORAM: THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR CRL.O.P.No.10708 of 2026 and Crl.M.P.No.7578 of 2026 Krishnakumar, aged 31 years, son of Kalidhass, Door No.1/86, Sannadhi South Street, Valivalam, Thirukkuvalai Taluk, Nagapattinam District. ... Petitioner vs. The State of Tamil Nadu, Rep. by The Sub-Inspector of Police, Valivalam Police Station, Nagapattinam District. Tamil Nadu. (Cr.No.19 of 2026). ... Respondent PRAYER: Criminal Original Petition filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023, to call for the records rel ating to Crime No.19 of 2026 on the file of the respondent Police and quash the same. Page No.1 of 6 https://www.mhc.tn.gov.in/judis CRL.O.P.No.10708 of 2026 For Petitioner : Mr.S.P.Meenakshi Sundharam For Respondent : Mr.Leonard Arul Joseph Selvam, Additional Public Prosecutor ORDER The petitioner/accused in Crime No.19 of 2026 for offence under Section 4-A of Tamil Nadu Prohibition Act, 1937, on the file of the respondent Police, has filed this Quash Petition. 2.Learned counsel for the petitioner submitted that a case projected against the petitioner as though he consumed liquor on a public road and was arrested. The petitioner falsely implicated in this case. In fact, when the petitioner was carrying one bottle of beer on his bike, the responde nt Police stopped and questioned him. The petitioner explained that he is 21 years old and purchased the bottle to be consumed at his home. But the Police used harsh words and force against him. He further submitted that the petitioner, being an engineering graduate, felt offended, raised his voice, and shouted at the police on a public road. This led the Police to foist a case against the petitioner as though he consumed liquor on a public road. In this case, the petitioner was neither taken to a hospital nor Page No.2 of 6 https://www.mhc.tn.gov.in/judis CRL.O.P.No.10708 of 2026 subjected to any urine test, blood test, or breath analysis to confirm alcohol consumption. Further, no person from the vicinity complained that the petitioner consumed alcohol in a public place. The petitioner is an engineering graduate who completed Mechanical Engineering in 2016. He has been searching for a job and preparing for competitive examinations. Presently, he is engaged in small work in a private company. Registration of FIR would affect the petitioner’s career, and his employment prospects would be denied due to the above case. Hence, he prays for quashing. 3.Learned Additional Public Prosecutor appearing for the respondent Police objected the petitioner’s submissions and submitted that on 14.03.2026 at about 08.00 p.m., the respondent Police were keeping a watch near Kolapadu riverbed and found the petitioner consuming alcohol and obstructing traffic at a corner of the road. O n seeing the Police, the petitioner attempted to flee, but he was apprehended and warned that liquor should not be consumed in a public place. The petitioner admitted to having consumed alcohol, and he wa s arrested and a case in Crime No.19 of 2026 registered against him f or Page No.3 of 6 https://www.mhc.tn.gov.in/judis CRL.O.P.No.10708 of 2026 offence under Section 4-A of the Tamil Nadu Prohibition Act. The ca se recently registered in March 2026, and on completion of the investigation, final report will be filed. The petitioner, having comm itted the offence in a public place, cannot seek any relief on the ground t hat he is an engineering graduate or claim that he was falsely implicated. 4.Considering the submissions and on perusal of the materials on record, it is seen that the petitioner completed his engineering de gree in the year 2016. He is doing only small time work and not secured employment commensurate with his qualification. The petitioner is st ill attending competitive examinations in search of job. According to the petitioner, he was only carrying one bottle of beer. From the FIR, there is nothing to show what kind of liquor bottle he had or what he had consumed. It merely states that the petitioner admitted to having consumed alcohol, but nothing seized from the scene of occurrence to establish that he consumed alcohol on a public road. Added to it, no breath analysis test, urine test, or blood test conducted to confirm t hat the petitioner was in a drunken state. Thus, taking the complaint as a whole, it is confirmed that no case is made out against the petitioner. Page No.4 of 6 https://www.mhc.tn.gov.in/judis CRL.O.P.No.10708 of 2026 5.Taking into consideration the facts and circumstances of the case and the pendency of the case would adversely affect the petitioner’s career prospects, this Court is inclined to quash the FIR against the petitioner. 6.In the result, this Criminal Original Petition is allowed and the FIR in Crime No.19 of 2026 dated 14.03.2026 on the file of the respondent Police is hereby quashed. 7.It is made clear that the above case shall not be relied upon as a ground to deny the petitioner the right to appear for competitive examinations or to obtain employment in future. Connected Criminal Miscellaneous Petition is closed. 28.04.2026 Index: Yes/No Speaking Order/Non-Speaking Order Neutral Citation: Yes/No vv2 Page No.5 of 6 https://www.mhc.tn.gov.in/judis CRL.O.P.No.10708 of 2026 M.NIRMAL KUMAR, J. vv2 To 1.The Sub-Inspector of Police, Valivalam Police Station, Nagapattinam District. 2.The Public Prosecutor, High Court, Madras. CRL.O.P.No.10708 of 2026 28.04.2026 Page No.6 of 6 https://www.mhc.tn.gov.in/judis