Tharmapandi v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 12.08.2025 CORAM :

THE HON`BLE MR.JUSTICE B.PUGALENDHI Crl.OP(MD)No.13433 of 2025 Tharmapandi ... Petitioner Vs The State of Tamilnadu, Rep by the Inspector of Police, Sakkottai Police Station, Sivagangai District.

Crime No.218/2018.

... Respondent Prayer : Criminal Original Petition filed under Section 528 of BNSS, to direct the respondent Police to produce the FIR in Crime No.218/2018 before the learned Judicial Magistrate, Karaikudi within a stipulated time that may be fixed by this Court.

For Petitioner : Mr.Raja Mohan.R For Respondent : Mr.Kottai Chamy.P Government Advocate (Crl.Side) 1/4

ORDER

This Criminal Original Petition has been filed seeking a direction to the respondent Police to produce the First Information Report in Crime No.218 of 2018 before the learned Judicial Magistrate, Karaikudi.

2. The petitioner is an accused in Crime No.218 of 2018 registered by the respondent Police. He had filed an application before the learned Judicial Magistrate, Karaikudi, under Section 451 Cr.P.C., seeking release of his vehicle (Tipper Lorry) bearing Registration No. TN-31-J-2971, which had been seized along with two-and-a-half units of river sand on 21.09.2018. A criminal case was registered against the petitioner in Crime No.218 of 2018 for the offences under Section 21(4) of the Mines and Minerals (Development and Regulation) Act, 1957.

3. The said application filed under Section 451 Cr.P.C. came to be returned by the learned Judicial Magistrate, Karaikudi on the ground that the First Information Report was not available before the Court. Hence, the present petition has been filed.

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4. The learned Government Advocate (Crl. Side) submitted that the First Information Report was already forwarded to the learned Judicial Magistrate, Devakottai. He further submitted that all cases registered under the Mines and Minerals Act were thereafter transferred from the file of the learned Judicial Magistrate, Devakottai, to the file of the learned Judicial Magistrate, Karaikudi, during which process the First Information Report was misplaced, but it has now been restored before the learned Judicial Magistrate, Karaikudi.

5. Recording the above submission of the learned Government Advocate (Crl. Side), this Criminal Original Petition is closed. 12.08.2025 NCC : Yes/No Index : Yes/No Internet:Yes Indu 3/4

B.PUGALENDHI, J.

Indu To

1. The State of Tamilnadu, Rep by the Inspector of Police, Sakkottai Police Station, Sivagangai District.

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

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