RAMESH Vs. STATE

JUDGEMENT

(1.) This petition has been filed challenging the FIR registered by the respondent police in Crime No.200 of 2019 under Sec. 102 The Code of Criminal Procedure,1973 (hereinafter referred as 'Cr.P.C.').

(2.) The case of the prosecution is that the petitioner was in possession of a sum of Rs.4,00,500.00 and this was seized by the election squad during a routine check. The further case of the prosecution is that the petitioner was not able to give any explanation on the source of the money recovered from him. This seizure was made during the surprise check conducted during elections. Based on the complaint given by the 2nd respondent, an FIR came to be registered under Sec. 102 Cr.P.C.

(3.) The learned counsel for the petitioner submitted that the petitioner had explained the concerned officer belonging to the squad that he had borrowed money from one Mr. Murugan for the purpose of construction of a house. The learned counsel further submitted that the petitioner also gave it in writing in a stamp paper. In spite of the same, the respondent police proceeded to register an FIR and the entire money was seized.