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Chinnasamy Vs State by, The Inspector of Police — Madras HC (2026) — LawSathi Research

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Madras HC
2026
Chinnasamy Vs State by, The Inspector of PoliceChinnasamy v. State by, The Inspector of Police

Allowed¶30

Chinnasamy v. State by, The Inspector of Police

Madras HC11 Feb 2026CRL OP/796/2026

Case brief

AI extract

What is this about?

Madras High Court, CRL OP No. 796 of 2026 and CRL MP No. 432 of 2026, decided 11-02-2026 by A.D. Jagadish Chandira J. FIR in Crime No.445 of 2025, Karimangalam Police Station, Dharmapuri District, under Section 303(2) of BNS, quashed. Ground: value of sand recovered from Tipper lorry TN 29CS 4084 was Rs.2,058/- (per Assistant Director of Mines report), below the Rs.5,000/- threshold; Section 174 of BNS requires prior appropriate orders of the competent Magistrate for registration of FIR where property value is below Rs.5,000/-; no permission obtained; FIR held unsustainable and an abuse of process. Petitioner: Chinnasamy; Respondent: State by Inspector of Police (Mr.K.M.D. Muhilan, APP); Petitioner's counsel: Mr.C.Kavinkumar. Keywords: quashing of FIR, Section 174 BNS, Section 303(2) BNS, Section 528 BNSS, value of stolen property, magistrate orders, gravel soil transportation, abuse of process.

What did the court decide?

FIR in Crime No.445 of 2025 on the file of the respondent police quashed as against the petitioner. ¶30

Why is it important?

As per Section 174 of BNS, where the value of the property is less than Rs.5,000/-, an FIR can be registered only after obtaining appropriate orders from the learned Magistrate who has power to try the case; since no such permission had been obtained in this case, the FIR registered against the petitioner is unsustainable in law and is an abuse of process of law. ¶29

What the court decided

AI extract

Outcome

FIR in Crime No.445 of 2025 on the file of the respondent police quashed as against the petitioner.

Issue for consideration

Whether the FIR in Crime No.445 of 2025 registered under Section 303(2) of BNS against the petitioner is sustainable where the value of the alleged stolen property is Rs.2,058/- (below Rs.5,000/-) and no appropriate orders of the learned Magistrate were obtained under Section 174 of BNS before registration of the FIR.

Court's answer

As per Section 174 of BNS, where the value of the property is less than Rs.5,000/-, an FIR can be registered only after obtaining appropriate orders from the learned Magistrate who has power to try the case; since no such permission had been obtained in this case, the FIR registered against the petitioner is unsustainable in law and is an abuse of process of law.

Detailed headnote1 paragraphs

Criminal Original Petition under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 seeking quashing of FIR in Crime No.445 of 2025 of Karimangalam Police Station, Dharmapuri District, registered for the offence punishable under Section 303(2) of BNS, arising from alleged illegal excavation and transportation of two units of gravel soil without permission. Value of the sand recovered assessed at Rs.2,058/- per the report of the Assistant Director of Mines. Held: as per Section 174 of BNS, where the value of the property is less than Rs.5,000/-, an FIR can be registered only after obtaining appropriate orders from the learned Magistrate who has power to try the case; no such orders having been obtained, the FIR is unsustainable in law and an abuse of process of law. Petition allowed; FIR quashed as against the petitioner (A.D. Jagadish Chandira J., 11-02-2026).

A

CRL OP No. 796 of 2026

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 11-02-2026

CORAM

THE HON'BLE MR JUSTICE A.D.JAGADISH CHANDIRA

CRL OP No. 796 of 2026 and CRL MP No. 432 of 2026

Chinnasamy

..Petitioner(s)

Vs

State by, The Inspector of Police, Karimangalam Police Station, Karimangalam, Dharmapuri District. Cr.No.445 of 2025.

..Respondent(s)

PRAYER: Petition filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023, praying to call for the records in Crime No.445 of 2025 pending on the file of the Inspector of Police, Karimangalam Police Station, Dharmapuri District and quash the same.

For Petitioner(s) : Mr.C.Kavinkumar For Respondent(s): Mr.K.M.D. Muhilan, Additional Public Prosecutor

Order

This Criminal Original Petition has been filed seeking to quash the

proceedings against the petitioner in Crime No.445 of 2025 pending on the file

of the respondent police for the offence punishable under Section 303(2) of BNS.

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CRL OP No. 796 of 2026

2.The case of the prosecution is that on 02.11.2025, when the de facto complainant, Special Sub-Inspector of Police, was along with the team in usual rounds, they had seen a Tipper lorry bearing Registration No.TN 29CS 4084, coming in front of them and intercepted the vehicle. On seeing the police party, the driver stopped the lorry and ran away and on inspection, they found that the driver had illegally excavated and transported two units of gravel soil without permission. Hence, this case.

3.The learned counsel appearing for the petitioner would submit that the petitioner is the owner -cum- driver of the Tipper lorry and his vehicle is used for rental purpose in his area. One villager, viz., Meena, made an application before the Tahsildar in Application No.TN-12020251030107 dated 30.10.2025 for transportation of soil from the Kethanahalli Lake to her agriculture land in S.No.206/6 for agricultural purpose. Hence, the petitioner had transported the same only with due permission whereas a false case has been registered as if the petitioner had illegally transported the soil. He would submit that even as per the prosecution, the value of the sand is Rs.2,058/-. If the value of the alleged stolen property is less than Rs.5,000/-, the case will come within the scope of non cognizable offence. He would further submit that as per Section 174 of BNS, FIR can be registered only after getting appropriate orders from the learned Judicial Magistrate, who has power to try such a case. In the absence of the same, the very registration of the FIR is illegal and hence,

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CRL OP No. 796 of 2026

further proceedings pursuant to the FIR is an abuse of process of law and hence, it is liable to be set aside.

4.The learned Additional Public Prosecutor appearing for the respondent would submit that the petitioner had illegally transported the sand in his Tipper

Lorry. However, he conceded that as per the report given by the Assistant Director of Mines, the value of the sand recovered from the Tipper lorry is Rs.2,058/-.

5.As stated above, as per Section 174 of BNS, if the value of the property is less than Rs.5,000/-, only after getting appropriate orders from the learned Magistrate who has power to try the case, FIR can be registered. In this case, no permission had been obtained and hence, the FIR registered against the petitioner is unsustainable in law and it is an abuse of process of law.

6.In view of the above, this Criminal Original Petition is allowed and the FIR in Crime No.445 of 2025 on the file of the respondent police, is quashed as against the petitioner.

11-02-2026

MPS

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CRL OP No. 796 of 2026

To

1.The Inspector of Police, Karimangalam Police Station, Karimangalam, Dharmapuri District.

2.The Public Prosecutor, Madras High Court, Chennai – 600 104.

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CRL OP No. 796 of 2026

A.D.JAGADISH CHANDIRA J.

MPS

CRL OP No. 796 of 2026 AND CRL MP NO. 432 OF 2026

11-02-2026

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Issues for consideration

1 issue framed by the court

AI extract

1.
Whether the FIR in Crime No.445 of 2025 registered under Section 303(2) of BNS against the petitioner is sustainable where the value of the alleged stolen property is Rs.2,058/- (below Rs.5,000/-) and no appropriate orders of the learned Magistrate were obtained under Section 174 of BNS before registration of the FIR.¶22
The court held
As per Section 174 of BNS, where the value of the property is less than Rs.5,000/-, an FIR can be registered only after obtaining appropriate orders from the learned Magistrate who has power to try the case; since no such permission had been obtained in this case, the FIR registered against the petitioner is unsustainable in law and is an abuse of process of law.ratio¶29

Statutes considered

3 provisions across 2 enactments

AI extract

Bharatiya Nagarik Suraksha Sanhita, 2023Section 528¶12
Bharatiya Nyaya SanhitaSection 303(2)¶17 Section 174¶29

Procedural history

How this case reached the court

AI extract

Order under challenge
FIR in Crime No.445 of 2025 registered against the petitioner for the offence punishable under Section 303(2) of BNS, pending on the file of the Inspector of Police, Karimangalam Police Station, Dharmapuri District.¶12
Inspector of Police, Karimangalam Police Station, Karimangalam, Dharmapuri District
Prior proceeding
Prosecution case: on 02.11.2025 the de facto complainant (Special Sub-Inspector of Police) and team intercepted Tipper lorry TN 29CS 4084; the driver ran away and on inspection two units of gravel soil were found illegally excavated and transported without permission.¶21
Prior proceeding
Petitioner's contention: villager Meena had applied to the Tahsildar (Application No.TN-12020251030107 dated 30.10.2025) for transportation of soil from Kethanahalli Lake for agricultural purpose, and the petitioner transported the soil only with due permission.¶22

Parties & counsel

AI extract

petitioner
Chinnasamy¶7
Mr.C.Kavinkumar
respondent
State by, The Inspector of Police, Karimangalam Police Station, Karimangalam, Dharmapuri District. Cr.No.445 of 2025.¶10
Mr.K.M.D. Muhilan

Coram

AI extract

A.D.JAGADISH CHANDIRAauthor¶5

Case details

As recorded by the court registry

Court: Madras HC
Decided on: 11 Feb 2026 · February
Registered: 8 Jan 2026
Case no.: CRL OP/796/2026
CNR: HCMA013048472025
Bench: A.d.jagadish Chandira
Disposal: ALLOWED
Case type: CRL OP

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Cite this judgement

Chinnasamy v. State by, The Inspector of Police, CRL OP/796/2026 (MAD), decided on 11 February 2026.

The Madras High Court publishes no neutral citation for this judgement — cite it by case number and date of decision.

Statutes3

Bharatiya Nagarik Suraksha Sanhita, 2023Section 528
Bharatiya Nyaya SanhitaSection 303(2) · Section 174

View all statutes

Procedural history3

FIR in Crime No.445 of 2025 registered against the petitioner for the offence punishable under Section 303(2) of BNS, pending on the file of the Inspector of Police, Karimangalam Police Station, Dharmapuri District.Inspector of Police, Karimangalam Police Station, Karimangalam, Dharmapuri District
Prosecution case: on 02.11.2025 the de facto complainant (Special Sub-Inspector of Police) and team intercepted Tipper lorry TN 29CS 4084; the driver ran away and on inspection two units of gravel soil were found illegally excavated and transported without permission.
Petitioner's contention: villager Meena had applied to the Tahsildar (Application No.TN-12020251030107 dated 30.10.2025) for transportation of soil from Kethanahalli Lake for agricultural purpose, and the petitioner transported the soil only with due permission.

View full history

Bench / Coram

A.D.JAGADISH CHANDIRA

Parties & counsel