MADURAI: Holding that mere intention or preparation to commit a crime does not constitute an offence under Section 511 of the IPC unless an attempt is made, the Madurai Bench of the Madras High Court recently quashed an FIR against a duo on charges of trying to steal sand from a waterbody in Tiruchy.
Justice N Anand Venkatesh passed the order on a petition filed by P Srinivasan and P Subramaniyam, seeking to quash the FIR registered against them by the Siruganur police of Tiruchy in 2022.
According to the prosecution, revenue officials received a tip-off on February 19, 2022, about the presence of an earthmover and a tipper lorry near a waterbody. Upon confirming it, they filed a police complaint, leading to the registration of an FIR against the petitioners under Section 379 (theft) read with Section 511 (attempt to commit offence) of the IPC.
Justice Venkatesh observed that to constitute an offence under Section 511, the accused should have done some act towards the commission of the main offence. “An attempt to commit an offence is distinguishable from mere intention to commit an offence or preparations made for committing an offence. A mere intention to commit an offence, not followed by an act of crime, cannot constitute an offence,” he opined.
Pointing out that except for the fact that there was an earthmover and a lorry parked near the waterbody, there was nothing available to take this case from the stage of preparation to that of an attempt to commit an offence, the judge concluded that the offence under Section 379 read with 511 of the IPC is not made out.
The government counsel contended that the investigation has been completed in the case and the final report has been filed before the Lalgudi judicial magistrate. However, the judge held that even if the allegations in the FIR are taken as it is, the prosecution has not made out a case. Therefore, the continuation of said criminal proceedings would result in abuse of process of law, he added.