VENGADESAN Vs. STATE

JUDGEMENT

(1.) This petition has been filed to quash the proceedings in Spl.S.C.No.84 of 2019 on the file of the Principal District and Sessions Judge, Tiruvannamalai.

(2.) The learned counsel for the petitioner would submit that totally there are six accused in this case, in which, the petitioner is arrayed as A1 and he has been charged for the offences under sections 379 and 430 IPC and section 21(1) of Mines and Minerals (Development & Regulation) Act 1957. He further submitted that the investigation officer as well as complainant are one among the same. Therefore, the entire proceedings is vitiated as per dictum laid down by the Hon'ble Supreme Court of India in Mohanlal Vs. State of Punjab reported in 2018 SCC Online Supreme Court 974.

(3.) Per contra, the learned Additional Public Prosecutor submitted that the dictum laid down by the Hon'ble Supreme Court of India in the case of Mohanlal Vs. State of Punjab, now has been over-ruled by the Constitution Bench judgement dated 31.08.2020 in Mukesh Singh Vs. State (Narcotic Branch of Delhi).