Rajeshkannan v. State Of Tamilnadu Rep By Inspector Of Police, Pew-Madurai City

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 25.02.2026

CORAM

THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI Crl.O.P.(MD).No.4185 of 2026 and Crl.M.P(MD)No.4486 of 2026 Rajeshkannan

...Petitioner/A2

Vs.

1.The State of Tamil nadu, rep., by the Inspector of Police, Prohibition Enforcement Win (PEW), Madurai City.

Crime No.336 of 2017 2.C.Maruthalakshmi ... Respondents Prayer : Criminal Original Petition is filed under Section 528 of BNSS, 2023, to call for the records pertaining to the charge sheet in C.C.no. 1326 of 2019 on the file of the learned Judicial Magistrate No.II, Madurai and quash the same with respect to the petitioner concerned. For Petitioner : Mr.S.Poornachandran For R1 : Mr.S.Ravi Additional Public Prosecutor 1/4

ORDER

Seeking to quash the impugned charge sheet in C.C.No.1326 of 2019 on the file of the learned Judicial Magistrate No.II, Madurai, this criminal original petition is filed.

2.Considering that no adverse order is likely to be passed against the second respondent, notice to her is dispensed with. 3.The learned counsel appearing for the petitioner submitted that the impugned final report in C.C.No.1326 of 2019 on the file of the learned Judicial Magistrate No.II, Madurai, should necessarily be quashed for the sole reason that the cognizance taken in the said case by the learned Judicial Magistrate is nothing, but a rubber stamp cognizance, which is not permissible under the provisions of BNSS/ Cr.P.C.

4.A careful perusal of the records placed before me would reveal that the cognizance taken by the learned Magistrate, is only a rubber 2/4

stamp cognizance. In view of the same, the impugned charge sheet in C.C.No.1326 of 2019 on the file of the learned Judicial Magistrate No.II, Madurai, is hereby quashed and the matter remanded back to learned Judicial Magistrate No.II, Madurai, for fresh consideration. Accordingly, this Criminal Original Petition is allowed. Consequently, connected Miscellaneous Petition is closed.

25.02.2026 NCC : Yes/No Index : Yes / No Rmk To 1.The Judicial Magistrate No.II, Madurai.

2.The Inspector of Police, Prohibition Enforcement Win (PEW), Madurai City..

3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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L.VICTORIA GOWRI,J., Rmk Crl.O.P.(MD).No.4185 of 2026 26.02.2026 4/4