Madras High Court
CRL OP(MD)/17124/2026 of Vijayendran @ Raj Vs State Of Tamilnadu Rep By In on 12 October 2026
CRL OP(MD) No. 17124 of 2026
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 12-10-2026
CORAM
THE HON'BLE MR JUSTICE R.VIJAYAKUMAR
CRL OP(MD) No. 17124 of 2026
and Crl.MP(MD) No.16580 of 2026
CNR:{HCMD011103022026}
1. Vijayendran @ Raj
S/o.Paul Raj,
Erichamamoothu Vilai,
Kumarapuram Post,
Kanyakumari District.
2. Dennis
S/o.Alangamani,
Kovil Vilagathu Vilai,
Kumarapuram Post,
Kanyakumari District.
..Petitioner(s)
Vs
1. State Of Tamilnadu Rep By Inspector Of Police, Kotticode Police Station, Kanyakumari District.
2. Maria Arputham
Special Sub Inspector of Police,
Kotticode Police Station,
Kanyakumari District.
..Respondent(s)
PRAYER: This petition filed under Section 528 of BNSS to call for the records pertaining to the proceedings in CC.No.141 of 2026 dated 01.04.2026 on the file of the Judicial Magistrate Court 1 in Padmanabhapuram and quash the same as arbitrary and illegal by allowing this criminal original petition.
CRL OP(MD) No. 17124 of 2026
For Petitioner(s):
M/s ANEESH M
For Respondent(s):
M/S. P. SAMUEL GUNASINGH,
ADDL. PUBLIC PROSECUTOR
FOR R1
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ORDER
The present petition has been filed by A1 and A2 in CC No.141 of 2026 on the file of Judicial Magistrate No.1, Padmanabhapuram seeking to quash the charge sheet, wherein, the petitioners are charged with the offence under Sections 303(2) of BNS, 2023.
2. Perusal of the charge sheet reveals that the second petitioner is the Owner of a Lorry and first petitioner is the Driver have been charged with the offence of theft of rough stones without a proper transit pass at about 8.00 P.M., on 06.07.2025.
3. According to the learned counsel appearing for the petitioners, they are having a valid transit pass to transport rough stones for the period between 6.55 P.M. on 06.07.2025 till 07.55 P.m. on 06.07.2025. In such circumstances, the 5 minutes delay in reaching the destination, would not result in attracting the provisions of Section 303(2) of BNS.
CRL OP(MD) No. 17124 of 2026
4. Per contra, the learned Addtional Public Prosecutor appearing for the respondent police relying upon the counter, had submitted that during the one hour time granted under the transit pass, the petitioners are alleged to have transported minerals twice or thrice without punching the transit pass. The distance between the two places is just 4 kilometres, and therefore it is possible for them to run two or three trips within the said period.
5. Heard the learned counsel appearing for the petitioners and perused the materials available on record.
6. As could be seen from the charge sheet, petitioners are said to have transported rough stones without any valid transit pass. The perusal of the transit pass reveals that it is valid from 06.55 P.M., on 06.07.2025 to 7.55 P.M., on the same day. The vehicle has been intercepted at 8.00 P.M., on 06.07.2025 and therefore, there is a delay of 5 minutes.
7. The transit pass has not been punched by the concerned officials would not stand in the eye of law. Merely because there was 5
CRL OP(MD) No. 17124 of 2026 minutes delay in reaching the destination, the same cannot be treated as a theft attracting Section 303(2) BNS.
8. In such view of the matter, continuation of the criminal proceedings as against the petitioner herein would only be an abuse of process of law. Therefore, the charge sheet in CC No.141 of 2026 on the file of Judicial Magistrate No.1, Padmanabhapuram stands quashed.
9. Accordingly, this Criminal Original Petition stands allowed. Consequently, connected miscellaneous petition is closed. 12-10-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No PNM To
1. The Judicial Magistrate No.1, Padmanabhapuram
2. The Inspector Of Police, Kotticode Police Station, Kanyakumari District.
3. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
CRL OP(MD) No. 17124 of 2026 R.VIJAYAKUMAR, J. PNM CRL OP(MD) No. 17124 of 2026 12-10-2026