S.Kandasamy v. The State Rep By, The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 05.11.2025

CORAM:

THE HON'BLE MR. JUSTICE A.D.JAGADISH CHANDIRA and Crl.M.P.Nos.20514 & 20515 of 2025 1.

S.Kandasamy Ramesh ... Petitioner in Crl.O.P.No.30075 of 2025 1.

S.Kandasamy B.Chellapandian ... Petitioner in Crl.O.P.No.30076 of 2025 Vs.

1.

The State represented by, The Inspector of Police, Vellakoil Police Station, Tiruppur, Tiruppur District.

Venkatesan ... Respondents in both Crl.O.Ps.

Common Prayer : Criminal Original Petitions are filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, to call for the records and quash the First Information Reports in Crime Nos.430 & 660 of 2025 on the file of the first respondent Police and quash the same in respect of the petitioners. In both Crl.O.Ps., For Petitioners : Mr.C.S.Saravanan For R1 : Mr.R.Vinothraja Government Advocate (Criminal Side) 1/4

COMMON ORDER These Criminal Original Petitions have been filed seeking to quash the First Information Reports in Crime Nos.430 & 660 of 2025, pending on the file of the respondent Police.

The case of the prosecution is that on 03.10.2025, the accused were transporting seven units of jelly stones and 8.5 units of M.Sand in two lorries bearing registration Nos.TN 47 AR 4677 and TN 47 AR 4268 respectively, without any valid permit. Based on the complaint given by the second respondent, who is the Assistant Geologist, the First Information Reports in Crime Nos.430 and 660 of 2025 were registered against the owner and the drivers of the said vehicles, for the offences under Section 303(2) of BNS and Section 21(1) of Mines and Minerals (Development & Regulation) Act.

3.

Learned counsel appearing for the petitioners submitted that the petitioners had in fact obtained transit permits for five lorries through online mode. However, due to a delay in respect of two lorries, the respondent Police have registered the present cases. He further submitted that the investigation has not been carried out in a proper manner. 2/4

4.

Per contra, the learned Government Advocate (Criminal Side) submitted that though the petitioners claim that they have obtained transit permits for five lorries, on the date of inspection of five lorries, two of them were found transporting minerals beyond the time specified in the permit. He further submitted that the cases were registered only on 03.10.2025 and that the investigation is still at a nascent stage. 5.

Having heard the learned counsel on either side and perused the materials available on record and taking into consideration the submission made by the learned Government Advocate (Criminal Side) that the cases have been registered very recently and that the investigation is at a nascent stage, this Court is of the view that it would not be proper to interfere at this stage.

6.

Accordingly, these Criminal Original Petitions stand dismissed. Consequently, the connected miscellaneous petition are closed. 05.11.2025 ham 3/4

A.D.JAGADISH CHANDIRA , J.

ham To 1.

The Inspector of Police, Vellakoil Police Station, Tiruppur, Tiruppur District.

The Public Prosecutor, High Court of Madras.

and Crl.M.P.Nos.20514 & 20515 of 2025 05.11.2025 4/4