Dismissed¶21

R.Vijayan v. Inspector of Police

Madras HC13 Mar 2026CRL OP/5490/2023

Case brief

AI extract

What is this about?

Quashing of criminal proceedings after commencement of trial not permissible; Section 482 CrPC petition dismissed; offences under S.379 IPC (theft) and S.21(1) MMDR Act 1957 (illegal mining/quarrying context, Namakkal District); C.C.No.217 of 2018, Judicial Magistrate Paramathi Velur; Cr.No.724 of 2017 Velur Police Station; direction to Trial Court to conclude trial within twelve weeks; connected Crl.M.Ps.3438 & 3440 of 2023 closed.

What did the court decide?

After commencement of the trial, the proceedings cannot be quashed. ¶20

R.Vijayan Vs Inspector of Police — Mining and Natural Resources | Madras HC (2026)

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Crl.O.P.No.5490 of 2023

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 13.03.2026

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CORAM:

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THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN

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Crl.O.P.No.5490 of 2023 and Crl.M.P.Nos.3438 & 3440 of 2023

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R.Vijayan .... Petitioner

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1.State Rep by Inspector of Police, Velur Police Station, Namakkal District. Cr.No.724 of 2017.

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2.Ganesan Special Sub Inspector, Mohanur Police Station, Namakkal District.

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.... Respondents

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PRAYER: Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure, to call for the records with respect of C.C.No.217 of 2018 on the file of the Judicial Magistrate, Paramathi Velur, Namakkal District and quash the same.

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For Petitioner : Mr.R.Nalliyappan For Respondents : Mr.A.Gopinath Government Advocate (Crl.Side)

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ORDER

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This Criminal Original Petition has been filed to quash the proceedings in C.C.No.217 of 2018 on the file of the Judicial Magistrate, Page 1 of 4

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https://www.mhc.tn.gov.in/judis

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Crl.O.P.No.5490 of 2023

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Paramathi Velur, Namakkal District, thereby taken cognizance for the offences under 379 of IPC and 21(1) Mines and Minerals (Development and Regulation) Act, 1957.

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2. The learned Government Advocate (Crl.Side) appearing for the respondents submitted that the trial has already been commenced and the prosecution has examined P.W.1 and P.W.2.

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3. It is seen that after commencement of the trial, the proceedings cannot be quashed.

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4. In view of the above, this Court is not inclined to quash the proceedings in C.C.No.217 of 2018 on the file of the Judicial Magistrate, Paramathi Velur, Namakkal District. Accordingly, this Criminal Original Petition stands dismissed. However, the Trial Court is directed to complete the trial within a period of twelve weeks from the date of receipt of a copy of this order. Consequently, connected miscellaneous petitions are closed.

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13.03.2026

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Index : Yes/No Neutral citation : Yes/No Speaking/non-speaking order Lpp

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Page 2 of 4

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https://www.mhc.tn.gov.in/judis

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Crl.O.P.No.5490 of 2023

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