Madras High Court
CRL OP(MD)/18040/2026 of Vignesh Vs State Of Tamilnadu Rep By In on 15 October 2026
CRL OP(MD) No. 18040 of 2026
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 15-10-2026
CORAM
THE HON'BLE MR JUSTICE R.VIJAYAKUMAR
CRL OP(MD) No. 18040 of 2026
CNR:{HCMD011128612026}
and
Crl.M.P(MD) No.17332 of 2026
Vignesh
S/o.Ravi,
No. 1/15-6, Ramachandran Nagar,
Aviyur Village,
Kariapatti Taluk,
Virdhunagar District.
..Petitioner/Accused No.2
Vs
1. The State of Tamilnadu
Represented by
The Inspector of Police,
Mallanginar Police Station,
Virdhunagar District.
(Crime No. 08 of 2025)
2. Muthumurugan
Special Revenue Inspector,
Geology and Mines Department,
Virudhunagar,
Virdhunagar District.
..Respondent(s)
PRAYER: Criminal Original Petition is filed under Section 528 of BNSS, 2023, to call for the records in the case in C.C.No. 427 of 2025 on the file of the District Munsif cum Judicial Magistrate Court, Kariapatti, Virudhunagar District and quash the same as illegal violation of law as against the petitioner/Accused no.2.
__________
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CRL OP(MD) No. 18040 of 2026
For Petitioner :
M/s M.Jothi Basu
For R1 :
Mr.P.Samuel Gunasingh
Government Advocate (Crl.Side)
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ORDER
The present petition has been filed by A2 in C.C.No.427 of 2025 on the file of the District Munsif cum Judicial Magistrate Court, Kariapatti, Virudhunagar District, seeking to quash the charge sheet, wherein the petitioner is charged with the offences under Sections 303(2) and 49 of BNS, 2023 and Sections 21(1) and 21(4) of Mines and Minerals (Development and Regulation) Act, 1957.
2. A perusal of the charge sheet reveals that the petitioner herein is the owner of the lorry, which is alleged to have been used for illegal transportation of six units of gravel sand. The value of the gravel sand is mentioned as Rs.3,888/-(Rupees Three Thousand Eight Hundred and eighty eight only).
3. According to the learned counsel appearing for the petitioner, the Court ought not to have taken cognizance of the offences under Sections 21(1) and 21(4) of Mines and Minerals (Development and Regulation) Act, in view of Section 22 of the said Act. He further submitted that __________
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CRL OP(MD) No. 18040 of 2026 Section 303 (2) of BNS, 2023 would not get attracted in view of the fact that the value of the gravel sand is less than Rs.5,000/- (Rupees Five Thousand only).
4. Heard the learned counsel appearing for the petitioner and perused the materials available on record.
5. As could be seen from the charge sheet, the petitioner is charged with the offence under Section 303(2) and 49 of BNS, 2023 and Sections 21(1) and 21 (4) of Mines and Minerals (Development and Regulation) Act.
6. As rightly pointed out by the learned counsel appearing for the petitioner since the value of the property is less than Rs.3,000/-, even as per the charge sheet invoking Section 303 (2) of BNS, 2023 is not legally sustainable.
7. As per Section 22 of Mines and Minerals (Development and Regulation) Act only a private complaint procedure has to be adopted by the concerned officials. The trial Court cannot take cognizance of the offences through a police report. Therefore, taking cognizance of Section __________
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CRL OP(MD) No. 18040 of 2026 21(1) and 21 (4) under the Mines and Minerals (Development and Regulation) Act, are also not legally sustainable.
8. In such view of the matter, this Court is inclined to pass the following order:
(a) The Charge Sheet in C.C.No. 427 of 2025 on the file of the District Munsif cum Judicial Magistrate Court, Kariapatti, Virudhunagar District, is hereby quashed in its entirety.
(b) The officials are at liberty to initiate private complaint procedure as contemplated in Section 22 of the Mines and Minerals (Development and Regulation) Act, if they are so advised.
9. With the above said observations, this Criminal Original Petition is disposed of. Consequently connected Miscellaneous Petition is closed. 15-10-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No EBSI __________
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CRL OP(MD) No. 18040 of 2026 To
1. The District Munsif cum Judicial Magistrate Court, Kariapatti, Virudhunagar District.
2. The Inspector Of Police,
Mallanginar Police Station, Virdhunagar District.
3. The Additional Public Prosecutor,
Madurai Bench of Madras High Court,
Madurai. __________
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CRL OP(MD) No. 18040 of 2026 R.VIJAYAKUMAR, J. ebsi CRL OP(MD) No. 18040 of 2026 15-10-2026 __________
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