Madras High Court

CRL OP(MD)/14040/2026 of Gurumoorthy Vs The State Of Tamilnadu Rep B on 8 October 2026

Cites 0, Cited by 0

CRL OP(MD) No. 14040 of 2026

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED: 08-10-2026

CORAM

THE HON'BLE MR JUSTICE R.VIJAYAKUMAR

CRL OP(MD) No. 14040 of 2026

and Crl.M.P(MD)No.13620 of 2026

CNR:{HCMD010923202026}

Gurumoorthy

S/o.Malaisamy,

No.39,

Nethaji Street,

Mettupatti,

Mallankinar,

Virudhunagar District.

..Petitioner(s)

Vs

1. The State Of Tamilnadu Rep By The Inspector Of Police, Soolakkarai Police Station, Virudhunagar District.

(Crime No.268 of 2025)

2. Murugan

Zonal Deputy Tahsildar,

Virudhungar District.

..Respondent(s)

PRAYER: Criminal Original Petition filed under Section 528 of BNSS to call for the records in Final Report in CC.No.170 of 2026 on the file of the Judicial Magistrate No.II, Virudhunagar District and quash the same.

For Petitioner(s):

Mr.S.KASIRAJAN

For Respondent(s):

Mr.V.SHATHURTHI RAJA,

GOVERNMENT ADVOCATE (CRL.

SIDE) FOR R1

__________

( Uploaded on: 13/10/2026 07:27:47 pm )

CRL OP(MD) No. 14040 of 2026

Citations and Judicial Treatment

No citing decisions in the index yet

Cited by

0

Decisions in the index citing it

Cites

0

Decisions referred to

In this index

0

Of the decisions it cites

Overruled / Questioned

0

No negative treatment found

Loading the citing and cited decisions…

ORDER

The present petition has been filed by the sole accused in C.C. No. 170 of 2026, on the file of the learned Judicial Magistrate No. II, Virudhunagar, seeking to quash the charge sheet, in which the petitioner has been charged with the offences punishable under Section 21(5) of the Mines and Minerals (Development and Regulation) Act (MMDR Act) and Section 303(2) of the Bharatiya Nyaya Sanhita (BNS).

2. The learned Government Advocate (Criminal Side), appearing for the first respondent, brought to the notice of this Court that, at the time of taking cognizance, the trial Court had taken cognizance only of the offence punishable under Section 303(2) of the BNS.

3. According to the learned counsel appearing for the petitioner, the petitioner was in possession of a valid transit pass at the relevant point of time and, therefore, the FIR ought not to have been registered.

4. The learned Government Advocate (Criminal Side), appearing for the first respondent, pointed out that the transit pass was valid from 1.33 p.m. to 3.33 p.m. on 15.10.2025. However, the vehicle was intercepted at 12.25 p.m. on 15.10.2025 while transporting minerals. __________

( Uploaded on: 13/10/2026 07:27:47 pm )

CRL OP(MD) No. 14040 of 2026

5. In response, the learned counsel appearing for the petitioner submitted that the vehicle was intercepted only during the validity period of the transit pass, namely, at about 2.00 p.m.

6. Heard the learned counsel appearing on either side and perused the material records.

7. The learned counsel appearing for the petitioner has questioned the time at which the vehicle was intercepted by the respondent police. This is a disputed question of fact that can be determined only during trial.

8. In such circumstances, this Court finds no merit in the present petition. Accordingly, the Criminal Original Petition stands dismissed. The personal appearance of the petitioner shall stand dispensed with unless specifically directed by the trial Court. Consequently, connected miscellaneous petition is closed. 08-10-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No PS __________

( Uploaded on: 13/10/2026 07:27:47 pm )

CRL OP(MD) No. 14040 of 2026 To

1. The Judicial Magistrate No.II, Virudhunagar District.

2. The Inspector Of Police, Soolakkarai Police Station, Virudhunagar District. __________

( Uploaded on: 13/10/2026 07:27:47 pm )

CRL OP(MD) No. 14040 of 2026 R.VIJAYAKUMAR, J. ps CRL OP(MD) No. 14040 of 2026 08-10-2026 __________

( Uploaded on: 13/10/2026 07:27:47 pm )

You have used today's free searches. Sign in, for free, to keep searching without a limit.

Compass reads the judgments for you and finds the paragraphs for and against your question. Sign in to use it.

My Vault follows judgments for you and records every later decision that cites them. Sign in to keep one.

Sign in to download the court's PDF. The full text stays free to read here.

Sign in, for free, to download the court copy. Reading the full text here stays open to everyone.

Search and read Indian judgments without limits, save them to My Vault and find the relevant paragraphs with Compass.

Open the sign-in page instead