Crl.O.P.No.32274 of 2024 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 02.01.2025 CORAM THE HONOURABLE MR.JUSTICE P.VELMURUGAN Crl.O.P.No.32274 of 2024 and Crl.M.P.Nos.18463 and 18464 of 2024 V.Durai ... Petitioner Vs. 1.The State Rep.by The Inspector of Police, Alangayam Police Station, Alangayam, Thirupathur District, Crime No.264 of 2023. 2. Thirunavukkarasu ... Respondents Prayer: Criminal Original Petition is filed under Section 528 BNSS, 2023/482 Cr.P.C., to call for the records relating to C.C.No.136 of 2024 pending on the file of the learned Judicial Magistrate-III, Thirupattur and quash the same. For Petitioner : Mr.M.Palanivel For Respondent : Mr.S.Sugendran Additional Public Prosecutor for R1 1/6 https://www.mhc.tn.gov.in/judis Crl.O.P.No.32274 of 2024 O R D E R This Criminal Original Petition is filed to quash the charge-sheet in C.C.No.136 of 2024 pending on the file of the learned Judicial Magistrate-III, Thirupattur. 2. The case of the prosecution is that, without giving any intimation to higher officials, the petitioner being the Head Master of Alangayam Panchayat Union Primary School has cut down and removed 18 teak wood trees and four dead teak wood trees from the said school premises and sold the trees to one Jayaseelan and the petitioner has caused loss to the Government property. Based on the complaint received from the public, the second respondent-Block Development Officer, Panchayat Union, Alangayam, Tiruppathur District has lodged a complaint against the petitioner. Thus, the first respondent-Police registered a case in Crime No.264 of 2023 on 14.10.2023. On completion of investigation, the first respondent-Police filed a charge-sheet before the learned Judicial Magistrate-III, Tiruppathur. The learned Magistrate took cognizance of the case in C.C.No.136 of 2024. 2/6 https://www.mhc.tn.gov.in/judis Crl.O.P.No.32274 of 2024 3. Learned counsel for the petitioner submitted that the petitioner before joining service in Alangayam Panchayat Union Primary School, Alangayam, the School Management Committee already passed resolutions vide Resolutions dated 26.07.2023, 04.08.2023 and 01.09.2023 and resolved to cut and remove the dead and partially unrooted trees from the school premises keeping in view the safety of the students. The School Committee vide communication dated 15.09.2023 requested the second respondent herein and Forest Range Officer, Alangayam for taking action in this regard. The petitioner is a law- abiding citizen and he knows very well about the procedure to remove and sell the said teak wood tress. He further submitted that the petitioner has not committed any offence as alleged by the respondent-Police and without proper enquiry, a false case has been foisted against the petitioner. 4. Learned Additional Public Prosecutor appearing for the first respondent/Police submitted that the petitioner being the Head Master of Alangayam Panchayat Union Primary School had cut down and removed 18 teak wood trees and four dead teak wood trees from the said school 3/6 https://www.mhc.tn.gov.in/judis Crl.O.P.No.32274 of 2024 premises and sold the trees to one Jayaseelan. Further, the list of witnesses Chitra and Jayaseelan have clearly spoken about the involvement of the petitioner in the alleged offence. 5. Heard both sides and perused the materials available on record. 6. Considering the facts and circumstances and also considering the submissions made by the learned counsel on either side, this Court is of the view that prima facie there are allegations made against the petitioner and sufficient materials also available to proceed the case further against the petitioner and it is a matter for trial and only after completion of trial, the involvement of the petitioner will come to light. Hence this Court is not inclined to entertain this petition by invoking Section 528 BNSS Act, 2023. However, the petitioner is at liberty to take all his defences before the trial Court in C.C.No.136 of 2024. The learned Judicial Magistrate-III, Thirupattur, is directed to complete the trial in C.C.No.136 of 2024 within a period of three months from the date of receipt of a copy of this order. 4/6 https://www.mhc.tn.gov.in/judis Crl.O.P.No.32274 of 2024 7. With the above observations and directions, this Criminal Original Petition is dismissed. Consequently, connected miscellaneous petitions are closed. 02.01.2025 Index : Yes/No Neutral Citation Case : Yes/No Speaking Order : Yes/No ms To 1. The Judicial Magistrate-III, Thirupattur. 2. The Inspector of Police, Alangayam Police Station, Alangayam, Thirupathur District. 3. The Public Prosecutor, High Court, Madras. 5/6 https://www.mhc.tn.gov.in/judis Crl.O.P.No.32274 of 2024 P.VELMURUGAN, J ms Crl.O.P.No.32274 of 2024 02.01.2025 6/6 https://www.mhc.tn.gov.in/judis