Appu@Ithayathulla v. The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 24-09-2025

CORAM

THE HONOURABLE MR JUSTICE N. SATHISH KUMAR

1. Appu@ithayathulla S/o. Noorthin, 15, Madukarai Main Road, Madukarai, Pondichery.

2. Manoj @ Narayanan S/o. Radhakrishnan, No.27, Manickam Nagar, Tiruvotriyur, Chennai-600 019.

Petitioner(s) Vs

1. The Inspector of Police CSCID Food Cell, Krishnagiri Unit, Krishnagiri.

Respondent(s) PRAYER : Criminal Original Petition filed under section 528 of BNSS to call for the records in impugned charge sheet in C.C. 64 of 2024 on the file of the Learned Judicial Magistrate - I, Krishnagiri Quash the same and pass such further or other orders as this honorable court may deem fit and proper in the interests of justice, equity and good conscience.

For Petitioner(s):

Mr.N.Vijayaraj For Respondent:

Mr.R.Vinodhraja, Government Advocate [Crl.Side]

ORDER

This Criminal Original Petition has been filed to quash the final report filed in C.C. 64 of 2024 on the file of the learned Judicial Magistrate - I, Krishnagiri for the offences under sections 6[4] of TNSC [RDCS] Order 1982 read with 7[1] a [ii] of EC Act 1955.

2. The petitioners are arrayed as A2 and A3 in this case. The case of the prosecution is that the petitioners along with other accused had illegally transported PDS rice bags on 29.08.2013 in various vehicles to Karnataka. The trial Court had already acquitted all other accused from the charges levelled against them. Though the prosecution had examined all the 13 witnesses and exhibited 16 documents, the trial Court on appreciation of entire evidence came to the conclusion that the prosecution case has not been established and there are contradictions and there are no materials available to prove the case and

acquitted all the other accused. The petitioners have to be tried for the very same offences. Once, the Court had disbelieved entire prosecution witnesses with regard to the prosecution case, onceagain, directing the other accused to face the trial with the same evidence, will not serve any purpose.

3. Accordingly, this Criminal Original Petition is allowed and the final report as against the petitioners in C.C. 64 of 2024 on the file of the learned Judicial Magistrate - I, Krishnagiri, is quashed. 24-09-2025 Index:Yes/No Speaking/Non-speaking order Internet:Yes vrc To

1. Judicial Magistrate - I, Krishnagiri

2. The Inspector of Police CSCID Food Cell, Krishnagiri Unit, Krishnagiri.

3. The Public Prosecutor, High Court, Madras.

N.SATHISH KUMAR J.

vrc 24-09-2025