Madras High Court
CRL OP/29767/2026 of Manikandan Vs The State Rep. by, The Inspector of Police on 14 October 2026
CRL OP No. 29767 of 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 14-10-2026
CORAM
THE HON'BLE MR JUSTICE G.K. ILANTHIRAIYAN
CRL OP No. 29767 of 2026
CNR:{HCMA012439452026}
and
CRL MP No. 19811 of 2026
1. Manikandan
2. K.Rajesekarn
..Petitioners
Vs
1. The State Rep. by,
The Inspector of Police
Kairlabath Police Station,
Ariyalur.
2. Preethi
Assistant Geologist,
Assistant Director Department of
Geology and Mining Collectorate,
Ariyalur.
..Respondents
PRAYER : Criminal Original Petition filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, praying to call for the records in Crime No.312 of 2026 on the file of Ariyalur Police Station, Ariyalur and quash the same.
For Petitioners:
Mr.M.Vignesh
For Respondents:
Mr.R.Ganesh Kumar
Additional Public Prosecutor
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CRL OP No. 29767 of 2026
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ORDER
This Criminal Original Petition has been filed seeking to quash the FIR registered in Crime No.312 of 2026 on the file of the Ariyalur Police Station, Ariyalur.
2. Heard the learned counsel appearing on either side and perused the materials available on record.
3. The case of the prosecution is that on 27.08.2026, the second respondent intercepted the vehicle bearing Registration No.TN-61-AD-4006 for inspection and found that the vehicle was transporting two units of M-Sand without a valid permit authorising such transportation.
4. Based on the complaint, the first respondent registered an FIR in Crime No.312 of 2026 for the offences punishable under Section 303(2) of the Bharatiya Nyaya Sanhita, 2023 and Section 21(1) of the Mines and Minerals (Development and Regulation) Act, 1957.
5. A perusal of the records reveals that the petitioners had obtained a valid Transit Pass from the competent authority in Form – F under Rule 6(1), bearing bulk Transit Pass No. PMBSY260001573, dated 27.08.2026, thereby permitting them to transport up to 10 metric tonnes of rough stone/M-Sand.
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CRL OP No. 29767 of 2026
The petitioners were transporting M-Sand strictly in accordance with the terms and conditions of the said permission.
6. In the light of the valid Transit Pass issued by the competent authority, the alleged transportation of the permitted quantity of M-Sand would not attract the offence punishable under Section 21(1) of the Mines and Minerals (Development and Regulation) Act, 1957. Further, to attract the offence punishable under Section 303(2) of Bharatiya Nyaya Sanhita, 2023, the allegations in the complaint must disclose the essential ingredients of theft. In the present case, the petitioners rely upon the valid permission granted by the competent authority for the transportation of M-Sand. In the absence of materials disclosing the commission of the alleged offences, permitting the investigation to continue would serve no useful purpose.
7. In view of the foregoing reasons, this Court is inclined to quash the First Information Report. Accordingly, the FIR registered in Crime No.312 of 2026 on the file of the Ariyalur Police Station, Ariyalur, is hereby quashed and this Criminal Original Petition stands allowed. Consequently, connected miscellaneous petition is closed. 14-10-2026 Index: Yes/No Neutral Citation: Yes/No LPP
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CRL OP No. 29767 of 2026
To
1. The Inspector of Police Kairlabath Police Station, Ariyalur.
2. The Assistant Geologist, Assistant Director Department of Geology and Mining Collectorate, Ariyalur.
3. The Public Prosecutor, High Court, Madras.
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CRL OP No. 29767 of 2026
G.K.ILANTHIRAIYAN J. LPP CRL OP No. 29767 of 2026 and CRL MP No. 19811 of 2026 . 14-10-2026
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