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Madras High CourtCRL OP(MD)/7995/2025allowed

Manojkumar v. The State Of Tamilnadu Rep. By

2025-09-18Honourable Mr Justice Sunder Mohan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 18.09.2025

CORAM

THE HONOURABLE MR.JUSTICE SUNDER MOHAN and Crl.M.P(MD)No.5996 of 2025 Manojkumar ... Petitioner Vs.

The State of Tamilnadu Rep. by The Inspector of Police, Adiramapattinam Police Station, Thanjavur.

(Crime No. 16 of 2020) ... Respondent Prayer : Criminal Original Petition is filed under Section 528 of BNSS, 2023, to call for the records in Crime No.16 of 2020 on the file of respondent police and quash the same.

For Petitioners : Mr.S.Sudhanthiran For Respondent : Mr.K.Sanjai Gandhi Government Advocate (Criminal side)

ORDER

This petition is filed to quash the FIR in Crime No.16 of 2020 registered for the offence under Section 21(1) of the Mines and Minerals (Development & Regulations) Act, 1957, on the file of the respondent police. 1/4

2. The allegation is that during vehicle search, it was found that the petitioner was transporting one unit of river sand and thus committed the aforesaid offence.

3. The impugned FIR registered for the offence under Section 21(1) of the Mines and Minerals (Development & Regulations) Act, 1957 cannot be sustained, since the respondents have no jurisdiction to register an FIR for the said offence. The offence can be taken cognizance of by the Court only on a complaint filed by the authorized officer. The aforesaid legal position has been further clarified by a Division Bench of this Court in Crl.O.P.(MD)No.13173 of 2011 dated 05.01.2012 in Sengol and others v. State of Tamilnadu rep., by the Inspector of Police, R.S.Mangalam Police Station, Ramanathapuram District.

4. In view of the aforesaid violation, the impugned FIR in Crime No.16 of 2020 on the file of the respondent police is quashed. Consequently, connected miscellaneous petition is closed.

NCC : Yes / No 18.09.2025 Index : Yes / No Internet : Yes/ No PJL 2/4

To

1. The Inspector of Police, Adiramapattinam Police Station, Thanjavur.

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

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SUNDER MOHAN, J.

PJL Crl.O.P(MD).No.7995 of 2025 18.09.2025 4/4