M.Karthikeyan v. State Rep. By Its The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 10.10.2025

CORAM:

THE HONOURABLE MR.JUSTICE N. SATHISH KUMAR Crl.O.P.No.27626 of 2025 and Crl.M.P.Nos.18746 and 18747 of 2025 M.Karthikeyan ... Petitioner Vs.

1.State rep. by its The Inspector of Police Cuddalore Police Station CSCID Chennai District (Crime No.209 of 2021)

2. Kaviyarasan S.I. of Police Cuddalore Police Station Cuddalore District ... Respondents PRAYER: Criminal Original Petition filed under Section 528 of BNSS to call for the records and quash the charge sheet filed in C.C.No.199 of 2025, pending trial on the file of the Judicial Magistrate No.1, Cuddalore insofar as the petitioner/accused No.2 is concerned.

For Petitioner : Mr.K.Gandhi Kumar For 1st Respondent : Mr.R.Vinothraja Government Advocate (Crl. Side)

O R D E R

This Criminal Original Petition has been filed to quash the charge sheet filed in C.C.No.199 of 2025, for the offence under Section 6(4) of the Tamil Nadu Scheduled Commodities (RDCS) Order, 1982 and Section 7(1)(a)(ii) of Essential Commodities Act, 1955, pending trial on the file of the Judicial Magistrate No.1, Cuddalore insofar as the petitioner/accused No.2 is concerned.

2. The allegation against the petitioner is that he along with other accused namely A1, A3 and A4 had hoarded ration items viz., rice and wheat in his godown.

3. The learned counsel for the petitioner submitted that the petitioner has been implicated in this case mainly based on the statement of the coaccused as if the petitioner is the owner of the godown where the alleged ration items were seized. The learned counsel further submitted that the alleged seizure is said to have taken place on 28.10.2021, whereas the said godown was already sold to one Deepak Chand on 18.10.2021 itself vide a registered sale deed in Doc.No.4008 of 2021 and she also placed copy of the same.

4. Be that as it may. The statements of the witnesses clearly indicate

that the petitioner has been implicated only on the basis of the confession of the co-accused. No seizure what so ever has been effected from the petitioner and the identification of the petitioner also, has not been established.

5. In view of the above, this Court is of the opinion that even if the entire material are take as true, the same will not constitute any offence as against the petitioner. Hence, this Court is inclined to quash the charge sheet filed against the petitioner.

6. Accordingly, the charge sheet filed in C.C.No.199 of 2025, on the file of the Judicial Magistrate No.1, Cuddalore, is quashed as against the petitioner alone.

7. This Criminal Original Petition is allowed accordingly. Consequently, the connected Miscellaneous petitions are closed. 10.10.2025 ksa-2 Index:Yes/No Speaking/Non-speaking order Internet:Yes

To 1.The Judicial Magistrate No.1, Cuddalore 2.The Inspector of Police Cuddalore Police Station CSCID Chennai District 3.The Public Prosecutor, High Court of Madras.

N. SATHISH KUMAR, J.

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