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Chidambarpandi Vs The Inspector of Police — Madras HC (2026) — LawSathi Research

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Madras HC
2026
Chidambarpandi Vs The Inspector of PoliceChidambarpandi v. The Inspector of Police

Allowed¶28

Chidambarpandi v. The Inspector of Police

Quashing of FIR – Sand theft – Sections 303(2), Bharatiya Nyaya Sanhita, 2023

Madras HC19 Jan 2026CRL OP(MD)/14138/2024

Case brief

AI extract

What is this about?

Madurai Bench of Madras High Court, CRL OP(MD).No.14138 of 2024 (with CRL MP(MD).No.8745 of 2024), decided 19/01/2026 by L. Victoria Gowri J. Petitioner Chidambarpandi sought quashing of FIR in Crime No.323/2024 of Puliyangudi Police Station, Tenkasi District (complainant: Jeyaraj, Village Administrative Officer, Nelkattumseval), registered under Sections 303(2) Bharatiya Nyaya Sanhita, 2023 (sand theft). Tahsildar, Vasudevanallur reported valid sand-transport permit; offences held not made out; FIR quashed; petition allowed. Keywords: FIR quashing, sand theft, permit, BNS 2023 Section 303(2), Village Administrative Officer complaint, sole accused.

What did the court decide?

Quashing of the impugned FIR in Crime No.323/2024 on the file of the 1st Respondent Police in so far as the petitioner is concerned; the connected miscellaneous petition CRL MP(MD).No.8745 of 2024 stands closed.

Why is it important?

In view of the submission of the learned Government Advocate (Crl.side) and the report submitted by the Tahsildar, Vasudevanallur, the offences registered against the petitioner will not be made out, since he had transported the sand only after obtaining proper permit. ¶27

What the court decided

AI extract

Outcome

Quashing of the impugned FIR in Crime No.323/2024 on the file of the 1st Respondent Police in so far as the petitioner is concerned; the connected miscellaneous petition CRL MP(MD).No.8745 of 2024 stands closed.

Issue for consideration

Whether the impugned FIR in Crime No.323/2024 should be quashed in so far as the petitioner is concerned. +1 more

Court's answer

Accordingly, the impugned FIR in Crime No.323/2024 on the file of the 1st Respondent Police is quashed.

Ratio / Principle

In view of the submission of the learned Government Advocate (Crl.side) and the report submitted by the Tahsildar, Vasudevanallur, the offences registered against the petitioner will not be made out, since he had transported the sand only after obtaining proper permit.

Detailed headnote1 paragraphs

Quashing of FIR - Sand theft - Sections 303(2), Bharatiya Nyaya Sanhita, 2023 - FIR in Crime No.323/2024 registered by the Inspector of Police, Puliyangudi Police Station, Tenkasi District, naming Chidambarpandi as sole accused on the complaint of the Village Administrative Officer (second respondent), challenged for quashing. The petitioner contended that he had transported sand only after obtaining a proper permit from the Tahsildar concerned; the Court called for a report from the Tahsildar of Vasudevanallur, which confirmed that the sand was transported only after obtaining proper permit. Holding that the offences registered against the petitioner would not be made out, the Court quashed the impugned FIR in Crime No.323/2024, allowed the Criminal Original Petition, and closed the connected miscellaneous petition CRL MP(MD).No.8745 of 2024.

A

CRL OP(MD). No.14138 of 2024

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

Dated : 19/01/2026

CORAM

THE HONOURABLE MRS. JUSTICE L. VICTORIA GOWRI

CRL OP(MD). No.14138 of 2024 and CRL MP(MD). No.8745 of 2024

Chidambarpandi ... Petitioner

Vs

The Inspector of Police, Puliyangudi Police Station, Tenkasi District. Crime No.323/2024.

Jeyaraj Village Administrative Officer, Nelkattumseval Village, Sivagiri Taluk, Tenkasi District. ... Respondents

PRAYER :-

To call for the records in connection with the impugned FIR in Crime No.323/2024 on the file of the 1st Respondent Police and Quash the same in so far as the petitioner is concerned.

For Petitioner : M/s. Veerapandi.S.P, Advocate.

For Respondent : Mr.M.Sakthi Kumar for R1 Government Advocate (Crl.Side)

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

CRL OP(MD). No.14138 of 2024

ORDER

This Criminal Original Petition is filed to call for the records in connection with the impugned FIR in Crime No.323/2024 on the file of the first respondent police and quash the same in so far as the petitioner is concerned.

Learned counsel for the petitioner submitted that the petitioner is the sole accused in the csae registered in Crime No.323 of 2024 on the file of the first respondent for the offences under Sections 303(2) of Bharatiya Nyaya Sanhita, 2023(Sand theft) on the alleged complaint filed by the second respondent Village Administrative Officer.

However, the learned counsel for the petitioner categorically contended that he had transported sand only after obtaining proper permit from the Tahsildar concerned. Pusuant to his submission, this Court had directed the learned Government Advocate(Crl.side) to get a report from the Tahsildar of Vasudevanallur, as to whether any permit was obtained by the petitioner in this regard.

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

CRL OP(MD). No.14138 of 2024

Learned Government Advocate(Crl.side) on the basis of the

report obtained from the Tahsildar fairly contended that the petitioner had transported sand only after obtaining proper permit from the Tahsildar concerned.

In view of the submission made by the learned Government Advocate(Crl.side) and the report submitted by the Tahsildar, Vasudevanallur, the offences registered against the petitioner will not be made out, since he had transported the sand only after obtaining proper permit. Accordingly, the impugned FIR in Crime No.323/2024 on the file of the 1st Respondent Police, is quashed.

This Criminal Original Petition is allowed. Consequently,

connected miscellaneous petition stands closed.

19.01.2026

NCC : yes / no Index :yes /no Internet :yes / no

pnn

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

CRL OP(MD). No.14138 of 2024

L. VICTORIA GOWRI, J

To

The Inspector of Police, Puliyangudi Police Station, Tenkasi District. Crime No.323/2024.

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

ORDER IN CRL OP(MD). No.14138 of 2024 and CRL MP(MD). No.8745 of 2024

Date : 19/01/2026

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

Issues for consideration

2 issues framed by the court

AI extract

1.
Whether the impugned FIR in Crime No.323/2024 should be quashed in so far as the petitioner is concerned.¶12
The court held
Accordingly, the impugned FIR in Crime No.323/2024 on the file of the 1st Respondent Police is quashed.ratio¶27
2.
Whether the petitioner held a proper permit from the Tahsildar for transporting the sand, such that the offences registered against him would not be made out.¶21
The court held
In view of the submission of the learned Government Advocate (Crl.side) and the report submitted by the Tahsildar, Vasudevanallur, the offences registered against the petitioner will not be made out, since he had transported the sand only after obtaining proper permit.ratio¶27

Statutes considered

1 provisions across 1 enactments

AI extract

Bharatiya Nyaya Sanhita, 2023Section 303(2)¶20

Procedural history

How this case reached the court

AI extract

Order under challenge
FIR in Crime No.323/2024 registered by the first respondent police (Inspector of Police, Puliyangudi Police Station, Tenkasi District) for offences under Sections 303(2) of Bharatiya Nyaya Sanhita, 2023 (sand theft) on the complaint of the second respondent Village Administrative Officer; challenged for quashing in so far as the petitioner (sole accused) is concerned.¶12
First respondent police - Inspector of Police, Puliyangudi Police Station, Tenkasi District
Prior proceeding
Petitioner is the sole accused in Crime No.323 of 2024 registered by the first respondent for offences under Sections 303(2) of Bharatiya Nyaya Sanhita, 2023 (sand theft), on the alleged complaint filed by the second respondent Village Administrative Officer.¶20
Prior proceeding
Petitioner contended he transported sand only after obtaining a proper permit from the Tahsildar concerned; thereupon this Court directed the learned Government Advocate (Crl.side) to obtain a report from the Tahsildar of Vasudevanallur on whether any permit was obtained by the petitioner.¶21
Prior proceeding
On the basis of the report obtained from the Tahsildar, the learned Government Advocate (Crl.side) contended that the petitioner had transported sand only after obtaining proper permit from the Tahsildar concerned.¶26

Parties & counsel

AI extract

petitioner
Chidambarpandi¶7
Veerapandi.S.P
respondent
The Inspector of Police, Puliyangudi Police Station, Tenkasi District (Crime No.323/2024)¶9
M.Sakthi Kumar
respondent
Jeyaraj, Village Administrative Officer, Nelkattumseval Village, Sivagiri Taluk, Tenkasi District¶10

Coram

AI extract

L. VICTORIA GOWRIauthor¶5

Case details

As recorded by the court registry

Court: Madras HC
Decided on: 19 Jan 2026 · January
Registered: 23 Aug 2024
Case no.: CRL OP(MD)/14138/2024
CNR: HCMD010842702024
Bench: L.victoria Gowri
Disposal: ALLOWED
Case type: CRL OP(MD)

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Cite this judgement

Chidambarpandi v. The Inspector of Police, CRL OP(MD)/14138/2024 (MAD), decided on 19 January 2026.

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

Statutes1

Bharatiya Nyaya Sanhita, 2023Section 303(2)

View all statutes

Procedural history4

FIR in Crime No.323/2024 registered by the first respondent police (Inspector of Police, Puliyangudi Police Station, Tenkasi District) for offences under Sections 303(2) of Bharatiya Nyaya Sanhita, 2023 (sand theft) on the complaint of the second respondent Village Administrative Officer; challenged for quashing in so far as the petitioner (sole accused) is concerned.First respondent police - Inspector of Police, Puliyangudi Police Station, Tenkasi District
Petitioner is the sole accused in Crime No.323 of 2024 registered by the first respondent for offences under Sections 303(2) of Bharatiya Nyaya Sanhita, 2023 (sand theft), on the alleged complaint filed by the second respondent Village Administrative Officer.
Petitioner contended he transported sand only after obtaining a proper permit from the Tahsildar concerned; thereupon this Court directed the learned Government Advocate (Crl.side) to obtain a report from the Tahsildar of Vasudevanallur on whether any permit was obtained by the petitioner.

View full history

Bench / Coram

L. VICTORIA GOWRI

Parties & counsel