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Madras High CourtCRL OP(MD)/12770/2026dismissed

Karthikeyan v. State Of Tamilnadu Rep By Inspector Of Police,

2026-06-29Honourable Mr Justice R.Vijayakumar5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 29.06.2026

CORAM:

THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR Crl.O.P(MD)No.12770 of 2026 and Crl.M.P(MD) Nos.12520 and 12521 of 2026 Karthikeyan ... Petitioner/Accused No.1 Vs

1. The State of Tamil Nadu Represented by its, The Inspector of Police, Prohibition Enforcement Wing, Madurai City.

(Crime No.882 of 2015) ... 1st Respondent/Complainant

2. Rahuraman Inspector of Police, Prohibition Enforcement Wing, Madurai District.

... 2nd Respondent/Defacto Complainant PRAYER: Criminal Original Petition is filed under Section 528 of BNSS, 2023, to call for the records pertaining to the charge sheet in SC No.244 of 2022 on the file of the Chief Judicial Magistrate, Madurai, in connection with Crime No.882 of 2015 on the file of the respondent police dated 16.10.2015 and quash the same as illegal as far as the petitioner concerned, and pass such further or other orders as this Court may deem fit. 1/5

For Petitioner : Mr.Arul Jenifer for Mr.L.Prabakaran For R1 : Mr.P.Samuel Gunasingh Government Advocate (Crl.Side)

ORDER

The present petition has been filed by A1 in SC No.244 of 2022, on the file of the Chief Judicial Magistrate, Madurai, seeking to quash the charge sheet, wherein the petitioner is charged with the offences under Section 4(1) (A), r/w.Section 4(1) (aa) of Tamil Nadu Prohibition Act.

2. A perusal of the charge sheet reveals that the petitioner and the other accused were allegedly found in possession of liquor bottles from Pondicherry and after lab report, they have been found to contain a chemical substance, namely, atropine.

3. According to the learned counsel appearing for the petitioner, it is alleged that the petitioner has only attempted to sell the liquor bottles and the prospective purchaser has not been named in the charge sheet. He further submitted that the entire allegations are only as against A2 and A3 and not 2/5

against A1. He further submitted that atropine is said to be found only in three bottles and not in other bottles of liquor.

4. Heard the learned counsel appearing for the petitioner and perused the materials available on record.

5. A perusal of the charge sheet clearly points out that the petitioner was attempting to sell liquor bottles and some of the liquor bottles contained atropine. The lab report also confirm the same. In such circumstances, since prima facie case is made out as against the petitioner, this Court is not inclined to entertain the quash petition. The Chief Judicial Magistrate, Madurai, direct to dispose of the case in S.C No.244 of 2022, on mertis and in accordance with law, without being influenced by any one of the observations made by this Court.

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6. There are no merits in this petition. Accordingly, this Criminal Original Petition stands dismissed. Consequently connected Miscellaneous Petitions are closed.

29.06.2026 NCC : Yes/No Index : Yes / No Internet : Yes / No ebsi To

1. The Chief Judicial Magistrate, Madurai

2. The Inspector of Police, Prohibition Enforcement Wing, Madurai City.

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

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R.VIJAYAKUMAR,J.

ebsi Crl.O.P(MD)No.12770 of 2026 29.06.2026 5/5