Madras High Court
CRL OP(MD)/6151/2025 of Ravichandran Vs The State of Tamilnadu on 14 October 2026
CRL OP(MD) No. 6151 of 2025
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 14-10-2026
CORAM :
THE HON'BLE MR. JUSTICE R.VIJAYAKUMAR
CRL OP(MD) No. 6151 of 2025
CNR:{HCMD010366642025}
AND
CRL MP(MD) NO. 4497 OF 2025
Ravichandran
S/o.Chellasamy,
Thuvar,
Anandur Post,
R.S.Mangalam Taluk,
Ramanathapuram District.
..Petitioner(s)
Vs
1. The State of Tamilnadu
Rep by The Inspector of Police,
R.S.Mangalam Police Station,
Ramanathapuram District.
Crime no.6 of 2025.
2. Mohamed Saibul Hisam
Sub Inspector of Police,
Ramanathapuram District.
..Respondent(s)
PRAYER: Criminal Original Petition is filed under Section 528 of BNSS Act, to call for the records pertaining to the impugned Charge Sheet in S.T.C. No. 43 of 2025 on the file of the learned Judicial Magistrate Court, Thiruvadanai, Ramanathapuram District and to Quash the same as illegal and pass such further order or other orders.
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CRL OP(MD) No. 6151 of 2025
For Petitioner(s)
: Mr.T. Veerakumar
For Respondent(s)
:M/s. B. Arun,
Government Advocate (crl. Side)
For R1
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ORDER
The present petition has been filed by the sole accused in STC.No.43 of 2025 on the file of the learned Judicial Magistrate, Thiruvadanai, Ramanathapuram District seeking to quash the charge sheet, wherein, the petitioner is charged with the offences under Section 24(1) of Cigarette and other Tobacco Products Act, 2003.
2. A perusal of the charge sheet reveals that the petitioner alleged to have been in possession of 12.6grams of Cool Lips (12 Pockets) within the 100 meters of temple and school premises and he was arrested on 04.01.2025.
3. According to the learned Counsel appearing for the petitioner the punishment that could be imposed under Section 24(1) of Cigarette and other Tobacco Products Act, 2003, a fine of Rs.200/- Therefore, it is non- cognizable offence. In such circumstances, the police authority ought not to have registered an FIR without prior permission of the jurisdictional Magistrate and filing of the charge sheet is also illegal. __________
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CRL OP(MD) No. 6151 of 2025
4. Heard the submissions made on either and perused the materials available on record.
5. As could be seen form the charge sheet, the petitioner is charged with the offence under Section 24(1) of the Cigarette and other Tobacco Products Act, 2003, where the maximum punishment prescribed is fine of Rs.200/-. Therefore, it is a non-cognizable offence. The police authority do not have any jurisdiction whatsoever to register an FIR without permission of the concerned Magistrate and in the present case, they have proceeded to file a charge sheet and the Magistrate has also taken cognizance of the same which are clearly illegal.
6. Considering the above said facts, continuation of criminal proceedings would only be an abuse of process of law. Therefore, the charge sheet in STC.No.43 of 2025 on the file of the learned Judicial Magistrate, Thiruvadanai is hereby quashed. Accordingly, this Criminal Original Petition stands allowed. Consequently, connected miscellaneous petition is closed. 14-10-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No gvn __________
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CRL OP(MD) No. 6151 of 2025 To:
1. The Judicial Magistrate, Thiruvadanai.
2. The Inspector of Police, R.S.Mangalam Police Station, Ramanathapuram District.
3. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. __________
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CRL OP(MD) No. 6151 of 2025 R.VIJAYAKUMAR J. gvn CRL OP(MD) No. 6151 of 2025 14-10-2026 __________
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